RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060005902 


	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. Andrew C. Jacobs

Analyst

The following members, a quorum, were present:


Ms. Marla Troup

Chairperson

Mr. John Heck

Member

Mr. Donald Lewy

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, in effect, that his military records be corrected to show that he was awarded the Air Medal. 

2.  The applicant essentially states that he was awarded the Air Medal for 
48 combat missions in Vietnam, but that they didn’t have it in his military records when he was leaving Vietnam.  He also states, in effect, that his paperwork for the Air Medal was in his duffle bag which was locked, but that he didn’t have the key, and he didn’t have bolt cutters around, or he would have used the bolt cutters to get the documentation for his Air Medal placed in his military records. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and an enlarged copy of a citation which appears to award him the Air Medal in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 15 November 1968, the date of his release from active duty.  The application submitted in this case is dated 18 April 2006.

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.  The applicant’s military records show that he was inducted into the Army of the United States on 22 November 1966.  He completed basic and advanced individual training and was awarded military occupational specialty 12A (Pioneer).  After an initial permanent duty assignment at Fort Leonard Wood, Missouri, he departed for the Republic of Vietnam on 17 December 1967.  He served with Company C, 8th Engineer Battalion, 1st Cavalry Division (Airmobile) during his tour in Vietnam.  He departed Vietnam on 12 November 1968, and returned to the continental United States.  On 15 November 1968, the applicant was honorably released from active duty.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

4.  The applicant requested that the award of the Air Medal be added to his 
DD Form 214.  Although the applicant provided an enlarged certificate which appears to show that he was awarded the Air Medal, there are no orders or other evidence authorizing award of this decoration to the applicant.  Additionally, due to the enlarged size of the copy of the citation provided by the applicant, the authenticating signatures cannot be seen.  In the absence of a proper award authority for this decoration, the applicant may request award of the Air Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 of Title 10, United States Code and, as a result, the Air Medal will not be discussed further in this record of proceedings.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant’s records show that he served 1 year, 11 months, and 24 days of continuous enlisted active duty service from 22 November 1966 to 
15 November 1968.  However, his DD Form 214 does not show that he was awarded the Army Good Conduct Medal for this period of service.  His conduct and efficiency ratings were rated as "excellent" for the entire period of this qualifying period of service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal. 

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant’s assignment to the 8th Engineer Battalion, the unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 50, dated 1971.  It was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969.  This document also shows that at the time of the applicant’s assignment to the 1st Cavalry Division, the division was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 37, dated 1970.  Paragraph 7-7 of Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an Oak Leaf Cluster is authorized for wear for each additional award of the Meritorious Unit Commendation.

8.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-2 prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in, and that a silver service star is worn in lieu of five bronze service stars.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his assignment in Vietnam, the applicant was credited with participating in the Vietnam Counteroffensive Phase III campaign, the TET Counteroffensive campaign, the Vietnam Counteroffensive Phase IV campaign, the Vietnam Counteroffensive Phase V campaign, and the Vietnam Counteroffensive Phase VI campaign.  

DISCUSSION AND CONCLUSIONS:

1.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

2.  Evidence of record shows that the applicant completed 1 year, 11 months, and 24 days of continuous enlisted active duty service from 22 November 1966 to 15 November 1968, and there is no derogatory information in his military records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal, and correction of his military records to show the Army Good Conduct Medal for the period 22 November 1966 to 15 November 1968.  

3.  General orders awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 8th Engineer Battalion while the applicant was assigned to this unit.  General orders also awarded the Meritorious Unit Commendation to the 1st Cavalry Division while the applicant was assigned to this division.  Therefore, he is entitled to award of the Meritorious Unit Commendation with First Oak Leaf Cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.  

4.  The applicant participated in five campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show one silver service star to be affixed to his Vietnam Service Medal.  

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 November 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
14 November 1971.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__MT  ___  ___JH __  __DL  ___  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 by:

a.  awarding him the Good Conduct Medal for the period 22 November 1966 to 15 November 1968 while serving as a specialist five;

b.  awarding him the Meritorious Unit Commendation with First Oak Leaf 
Cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

c.  showing one silver service star to be affixed to his Vietnam Service
Medal.




______Marla Troup_________
          CHAIRPERSON




INDEX

CASE ID
AR20060005902
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0018.0000
2.
107.0056.0000
3.
107.0034.0000 (2)
4.
107.0094.0000
5.
107.0073.0000 (Add silver service star)
6.
110.0400.0000