RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 February 2004
         DOCKET NUMBER: AR2003091557

         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Klaus P. Schumann		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Lester Echols		Member
Mr. Robert J. Osborn		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, correction of his separation document (DD Form 214) to show award of the Air Medal (AM) and the Bronze Star Medal (BSM).

2. The applicant states, in effect, that he was awarded the AM and BSM while serving in the Republic of Vietnam (RVN) and he believes they should be annotated on his DD Form 214.

3. The applicant provides, in support of his application, a copy of his DD Form 214, effective 30 Mar 1969, a copy of 1st Cavalry Division General Orders 3150, which awarded him the BSM, and a copy of a certificate, dated 3 December 1968 which shows he was awarded the AM.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred during his active duty service which ended on 30 March 1969. The application submitted in this case is dated 12 May 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's military records show that he entered active duty on 24 August 1967 and he was trained and served in military occupational specialty (MOS) 71Q (Information Specialist). On 22 March 1968, upon completion of basic and advanced individual training, he was assigned to the RVN. On 27 March 1969 he returned to the Continental United States (CONUS) and was honorably separated from active duty on 30 March 1969.

4. The applicant's separation document shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Basic Marksmanship Badge (Expert), and two Overseas Bars.

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5. The applicant's record contains a copy of 1st Cavalry Division General Orders 3150, dated 14 March 1969, which awarded him the BSM for service during the period 14 March 1968 through 28 March 1969.

6. The applicant provides a certificate signed by the Secretary of the Army and 1st Cavalry Division Commanding General, dated 3 December 1968, which awarded him the AM for his service in the RVN for the period March 1968 to November 1968.

7. The applicant’s service personnel records do not reflect an entitlement to the RVN Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, or the Meritorious Unit Citation. However, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards received during the Vietnam War. This publication shows that during his assignment tenure, the applicant's unit
(15th Administrative Company) was awarded the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Order 59, dated 1969, the Meritorious Unit Citation based on General Order 51, dated 1971, and the RVN Civil Actions Honor Medal First Class Unit Citation based on General Order 42, dated 1972.

8. The applicant's records show that he was awarded the Vietnam Service Medal. However, they do not properly credit him for all of the campaigns in which he participated. A review of Annex B, Army Regulation 600-8-22 (Awards) shows that the applicant participated in the following three campaigns; Vietnam Counteroffensive Phase IV, for the period 20 April 1968 to 30 June 1968; Vietnam Counteroffensive Phase V, for the period 1 July 1968 to 1 November 1968; and Vietnam Counteroffensive Phase VI, for the period 2 November
1968 to 22 February 1969

9. Army Regulation 600-8-22 provides, in pertinent part, that the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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10. Army Regulation 600-8-22 provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

13. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Additionally, the awards regulation authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

14. Army Regulation 600-8-22, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

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DISCUSSION AND CONCLUSIONS:

1. Based on the evidence in this case, the applicant is entitled to correction of his records to show awards which were omitted through administrative error at the time the applicant was separated from active duty.

2. Evidence of record shows that the applicant was awarded the BSM for meritorious service in action for the period 14 March 1968 through 28 March 1969. Therefore, he is entitled to correction of his military records to reflect the award of the BSM.

3. Evidence of record shows that the applicant was awarded the AM for meritorious achievement while participating in aerial flight for the period March 1968 through November 1968. Therefore, he is entitled to correction of his military records to reflect the award of the AM.

4. The applicant's records do not reflect the award of the Good Conduct Medal. However, he served a one-year period that ended with the termination of his Federal military service, which qualifies him for award of the Good Conduct Medal. Lacking evidence which disqualifies him, he is entitled to award of the Good Conduct Medal and correction of his records to the show this award.

5. The applicant’s service personnel records do not reflect an entitlement to the RVN Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, or the Meritorious Unit Citation. However, evidence of record shows that the applicant's unit was awarded these citations during his assignment tenure. Therefore, his records should be corrected to show the award of these citations.

6. Evidence of record shows that the applicant participated in three campaigns during his assignment to the RVN. Therefore, he is entitled to correction of his records to show the award of the Vietnam Service Medal with three bronze service stars.

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BOARD VOTE:

_JHL___ __RJO___ __LE___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the Air Medal, Bronze Star Medal, Good Conduct Medal, RVN Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Meritorious Unit Citation, and Vietnam Service Medal with three bronze service stars; and by providing him a corrected separation document that includes these awards.




                  Joann H. Langston
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091557
SUFFIX
RECON
DATE BOARDED	2004/02/12
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1969/03/30
DISCHARGE AUTHORITY	AR635-200
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.AM	107.0018.0000
2.BSM	107.0014.0000
3.
4.
5.
6.