RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060008258 


	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. Gerard W. Schwartz

Director

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Paul M. Smith

Member

Mr. Jerome L. Pionk

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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 3 September 1973, to show award of the Good Conduct Medal, the Army Commendation Medal, the Air Medal with Numeral 30, or the Air Medal with Numeral 34, the Vietnam Service Medal with 4 bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device 1960, the Presidential Unit Citation, the Meritorious Unit Commendation, the Valorous Unit Citation and other medals he is entitled to based on his service while in the Republic of Vietnam.

2.  The applicant states that the requested awards were left off his separation documents upon leaving Vietnam.  

3.  The applicant provides copies of his DD Form 214, dated 3 September 1973; DD Form 214, dated16 November 1967; General Orders Number 590, dated 8 November 1972, for award of the Army Commendation Medal; General Orders Number 1271, dated 27 February 1973, for award of the Air Medal with Numeral 30; and a letter from the National Personnel Records Center, dated 11 May 2006, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 3 September 1973, the date of his separation from the Army.  The application submitted in this case is dated 31 May 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 enlisted in the Regular Army on 14 December 1966.  He completed basic combat training and advanced individual training (AIT) and was awarded military occupational specialty 64B20 (Light Vehicle Driver).  The applicant's record shows he was honorably discharged on 16 November 1967.

4.  On 17 November 1967, the applicant was appointed a second lieutenant in the United States Army Reserve (USAR), and was honorably released from USAR on 3 September 1973, and transferred to the USAR Control Group. 

5.  Records show the applicant served as a Tank Unit Commander during the period 17 November 1967 through 7 October 1968 and as a Lift Helicopter Pilot during the period 27 November 1968 through 13 November 1969.  

6.  Records show he served in the Republic of Vietnam with the B Troop 7th Squadron of the 17th Cavalry during the period 27 November 1968 through 10 October 1969, the 8th Cavalry F Troop during the period 25 December 1972 through 25 January 1973, and with the 527th Personnel Service Company during the period 26 January 1973 through 30 March 1973.  

7.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, with an effective separation date of 3 September 1973, does not show he was awarded the Good Conduct Medal, the Army Commendation Medal, the Air Medal with Numeral 30, the Air Medal with Numeral 34, the Vietnam Service Medal with 4 bronze service stars, the Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, the Meritorious Unit Commendation, or the Valorous Unit Citation.  

8.  The applicant provides a letter from the National Personnel Records Center, St. Louis, Missouri, dated 11 May 2006.  The National Personnel Records Center verified that the applicant was entitled to "the Bronze Star Medal with one Bronze Oak Leaf Cluster, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal with 4 bronze service stars, the Republic of Vietnam Campaign Medal with Device 1960, the Expert Badge with Auto Rifle Bar with Pistol Bar, the Marksman Badge with Rifle Bar, and the Army Aviator Basic Badge."  

9.  The applicant's DA Form 66 (Officer Qualification Sheet), shows he was authorized award of the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medial with Device 1960, the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the 45-Caliber Pistol, and the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle.  These awards are not shown on his DD Form 214. 

10.  There are no orders in the applicant's service personnel records which show that he was awarded the Good Conduct Medal, the Air Medal with Numeral 34, the Valorous Unit Citation, or the Presidential Unit Citation. 

11.  The applicant's military service records do not contain any orders awarding him the Good Conduct Medal.  However, 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.  The applicant's military service record contains no derogatory information.

12.  Headquarters, United States Army Aviation Center, Fort Rucker, Alabama, General Orders Number 590, dated 8 November 1972, awarded the applicant the Army Commendation Medal for Meritorious Service in connection with military operations against an armed hostile force in the Republic of Vietnam during the period 12 July 1971 through 7 November 1972.

13.  Headquarters, 1st Aviation Brigade, General Orders Number 1271, dated 27 February 1973, awarded the applicant the Air Medal with Numeral 30 for Meritorious Achievement while participating in Aerial Flights during the period 29 January 1973 through 22 February 1973.  The applicant's records do not contain flight records or any other evidence which shows the applicant is entitled to additional award of the Air Medal.

14.  The applicant's records show that he was awarded the Vietnam Service Medal which is reflected on his DD Form 214.  However, his record does not show any bronze service stars indicating campaign credit.  The applicant's records indicate that he participated in the Republic of Vietnam Counteroffensive Phase VI, the Tet 69 Counteroffensive, the Republic of Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970, and the Sanctuary Counteroffensive.  

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in five campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.


16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) list the unit awards received by units serving in Vietnam.  The applicant was assigned to the B Troop 7th Squadron of the 17th Cavalry in Vietnam during the period 27 November 1968 through 10 October 1969 which was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 8, dated 1974.  

17.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  The applicant was assigned to the 527 Personnel Service Company in Vietnam during the period 26 January 1973 through 30 March 1973 which was cited for award of the Meritorious Unit Commendation Medal based on Department of the Army General Orders Number 32, 1973.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214, dated 3 September 1973, to show award of the Good Conduct Medal, the Army Commendation Medal, the Air Medal with Numeral 30, the Air Medal with Numeral 34, the Vietnam Service Medal with 4 bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device 1960, the Presidential Unit Citation, the Meritorious Unit Commendation, the Valorous Unit Citation, and other medals he is entitled to based on his service while in Vietnam.

2.  The applicant contends that he is entitled to award of the Good Conduct Medal.  

3.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant's records show no acts of indiscipline and he distinguished himself by his conduct and efficiency ratings of "excellent."  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

4.  General Orders awarded the applicant the Army Commendation Medal during his service in Vietnam.  Therefore, the applicant is entitled to correction of his records to show this award.

5.  General Orders show that the applicant was awarded the Air Medal with Numeral 30 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this decoration.  

6.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing that he was award the Air Medal with Numeral 34.  Therefore, there is no basis to correct his records to show this award.

7.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to the previously awarded Vietnam Service Medal.

8.  General Orders awarded the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign award.

9.  Evidence of record shows that the applicant was authorized award of the Vietnam Campaign Medal with Device 1960.  Therefore, the applicant is entitled to have his records corrected to show this foreign award.

10.  There is no evidence of record which shows that the applicant’s unit was awarded the Presidential Unit Commendation.  

11.  General Orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, he is entitled to have his records corrected to show this award.

12.  There is no evidence of record which shows that the applicant's unit was awarded the Valorous Unit Citation.  Therefore, the applicant is not entitled to have this unit award added to his DD Form 214. 

13.  Evidence of record shows that the applicant was authorized award of the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the 45-Caliber Pistol, the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle.  Therefore, the applicant is entitled to correction of his records to show these badges. 


14.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 September 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 September 1976.  However, based on the evidence which warrants correction of the applicant's records, it would be in the interest of justice to excuse the failure to timely file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_JLP____  _WDP__  __PMS___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 on his DD Form 214 with an effective separation date of 3 September 1973 be corrected by showing he was awarded:

	a.  the Army Good Conduct Medal,

	b.  the Army Commendation Medal,

	c.  the Air Medal with Numeral 30,

	d.  one silver service star to be affixed to his Vietnam Service Medal,

	e.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, 

	f.  the Republic of Vietnam Campaign Medal with Device 1960,

	g.  the Meritorious Unit Commendation,

	h.  the Expert Marksmanship Qualification Badge with  Pistol Bar for qualifying with the 45-Caliber Pistol, and

	i.  the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Air Medal with Numeral 34, the Presidential Unit Citation, and the Valorous Unit Citation.




		      _William D. Powers_
		        CHAIRPERSON

INDEX

CASE ID
AR20060008258
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION

REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.