RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 SEPTEMBER 2005
	DOCKET NUMBER:  AR20050001128 


	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

Ms. Deborah L. Brantley

Senior Analyst

The following members, a quorum, were present:


Ms. Shirley Powell

Chairperson

Mr. Robert Duecaster

Member

Ms. Jeanette McCants

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

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


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to reflect award of the Bronze Star Medal with "V" device.

2.  The applicant states the award was omitted from his separation document.

3.  The applicant provides a copy of orders awarding him the decoration and a copy of the award citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 9 April 1971.  The application submitted in this case is dated
12 January 2005.

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 limitations 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.  Records available to the Board indicate the applicant entered active duty on 11 April 1969.  In September 1969 he was assigned to Vietnam as a machine gunner with A Company, 3rd Battalion, 21st Infantry.  He was awarded a Purple Heart for wounds sustained on 1 May 1970 and two awards of the Army Commendation Medal.  

4.  Shortly before his departure from Vietnam, in September 1970, he was awarded a Bronze Star Medal with "V" device for his heroic actions on 1 May 1970, the same date he was wounded in action.  Orders issued by the Americal Division confirmed the applicant’s award.  It was, however, omitted from his separation document.

5.  Following his return to the United States from Vietnam, the applicant was assigned to Fort Hood, Texas for the duration of his service contract.  He was released from active duty on 9 April 1971 in pay grade E-5.  His service was characterized as honorable.

6.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit was credited with participating in four designated campaigns (Vietnam Counteroffensive Phase VII, Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, and Sanctuary Counteroffensive) during the applicant’s period of assignment.  Four bronze service stars on the Vietnam Service Medal, vice the three currently recorded on his separation document, should reflect his campaign participation.  The unit was also awarded two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  The unit awards were also omitted from his separation document.

7.  Army Regulation 672-5-1, in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-5-1, notes that there is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

8.  The applicant’s conduct and efficiency ratings throughout his military service were excellent, and he had no record of any disciplinary actions or incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded a Bronze Star Medal with "V" device.  His records should be corrected accordingly.

2.  The evidence also shows the applicant is entitled to four bronze service stars on his Vietnam Service Medal vice the three currently reflected and that he is entitled to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  His records should be corrected to reflect those decorations.


3.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 9 April 1971.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 11 April 1969 through 9 April 1971.

BOARD VOTE:

___SP __  ___RD __  ___JM __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

a.  by showing that he was awarded a Bronze Star Medal with "V" device;

b.  by showing that he is entitled to four bronze service stars, vice three bronze service stars, on his Vietnam Service Medal; and

c.  by awarding him the Army Good Conduct Medal.




______Shirley Powell_______
          CHAIRPERSON




INDEX

CASE ID
AR20050001128
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20050913
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.