RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060008347 


	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

Acting Director

Mr. G. E. Vandenberg

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Larry C. Bergquist

Member

Ms. LaVerne M. Douglas

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 his records be corrected to show his award of the Bronze Star Medal and the Army Commendation Medal.

2.  The applicant states, in effect, that these awards are not listed on his 19 April 1971 DD Form 214 (Report of Transfer or Discharge) and he would like this error corrected.

3.  The applicant provides copies of his DD Form 214, Award Certificates for the Army Commendation Medal and the Bronze Star Medal, and citations for the award of the Army Commendation Medal and the Bronze Star Medal. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 11 December 1981, the date of last action by the Army Discharge Review Board (ADRB).  The application submitted in this case is dated 5 June 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.  On 17 May 2006, the applicant was notified that he had not exhausted all administrative remedies in his request for correction of his records to show award of the Bronze Star Medal.  He was advised that in the absence of a proper award authority (orders) for this decoration, he should request award of the Bronze Star Medal under provisions of Section 1130 of Title 10, United States Code.  The applicant incorrectly forwarded the request to the ABCMR instead of processing it properly.  The applicant has been notified by separate correspondence of the proper procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings. 


4.  The records show the applicant entered active duty on 30 April 1968, completed training and was awarded the military occupational specialty (MOS) 63B2O (Wheeled Vehicle Mechanic). 

5.  The applicant was released from active duty and transferred to the Army Reserve (USAR) Control Group (Reinforcement).  The USAR honorably discharged him on 6 February 1973 and he enlisted in the USAR (Ready Reserve) with service in a Troop Program Unit from 7 February 1973 through 6 February 1974.  On 20 May 1975 he reenlisted in the Regular Army and was administratively discharged on 25 March 1977 under the provisions of Army Regulation 635-200, chapter 10 for 118 days of AWOL (absence without leave).  

6.  During his first period of service, he served in Vietnam from 16 June 1969 through 10 June 1970 with Battery B, 2nd Battalion, 77th Artillery Regiment.

7.  Headquarters, 25th Infantry Division General Orders Number 15743, dated 29 December 1969 awarded the applicant the Army Commendation Medal for meritorious achievement during the period 1 September 1969 to 30 November 1969.  

8.  Headquarters, 293rd Engineer Battalion General Orders Number 9, dated 10 March 1971, awarded the applicant the Good Conduct Medal.

9.  The records contain two DA Forms 20 (Enlisted Qualification Record).  The first indicates participation in three campaigns and lists his awards as the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with "1960" device.  The second form lists four campaigns in Vietnam and, in addition to the awards listed above, also lists award of the Republic of Vietnam Gallantry Cross with Palm Device Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

10.  The 19 April 1971 DD Form 214 lists his awards as the Good Conduct Medal, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

11.  The 25 March 1977 DD Form 214 lists his awards as the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with "1960" device, the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.


12.  On 11 December 1981, the Army Discharge Review Board granted the applicant's petition to upgrade the characterization of his period of service.  The replacement DD Form 214 issued as a result of this action did not include the Army Commendation Medal.

13.  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 while the applicant was assigned to the 2nd Battalion, 77th Artillery Regiment it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

14.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following three campaign periods:  the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; and the DA Sanctuary Counteroffensive 1 May 1970 - 30 June 1970.

15.  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.  The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of Military Records (ABCMR) should commence on the date of final action by the ADRB.  In complying with this decision, the ABCMR has adopted the broader policy of calculating the 3-year time limit from the date of exhaustion in any case where a lower level administrative remedy is utilized.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 December 1981; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 

10 December 1984.  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.

2.  The applicant's records contain a copy of the General Orders awarding him the Army Commendation Medal.  As such his records should be corrected to properly reflect this award.

3.  The applicant served during three campaign periods and is authorized three bronze service stars to be worn on his Vietnam Service Medal.

4.  In addition to the awards listed on his DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  Based on the above findings and conclusions it is appropriate to correct the applicant's discharge documents to show these additional authorized awards.


BOARD VOTE:

__LDM__  __LCB __  __TSK __  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 showing that in addition to the awards listed on his 
DD Form 214, the applicant is also authorized the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and to wear three bronze service stars on his Vietnam Service Medal.




_       Ted S. Kanamine______
          CHAIRPERSON


INDEX

CASE ID
AR20060008373
SUFFIX

RECON
 
DATE BOARDED
20070227 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.