RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060010863 


	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.


X

	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 that his award of the Bronze Star Medal (BSM) be added to his Report of Separation (DD Form 214). 

2.  The applicant states that the BSM he received in Vietnam was not added to his DD Form 214 at the time of his separation. 

3.  The applicant provides a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 5 October 1971.  The application submitted in this case is dated 25 July 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 6 February 1970.  He completed basic and advanced individual training and was awarded military occupational specialty 11B10 (light weapons infantryman).  He was transferred to the Republic of Vietnam on 11 July 1970.  He served with Company C, 1st Battalion, 11th Infantry Regiment during his tour in Vietnam and was promoted to the rank of sergeant on 14 January 1971.  He departed Vietnam on 9 July 1971 and was transferred to Fort Hamilton, New York.  On 5 October 1971, 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 National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.  

4.  The applicant requested that the award of the BSM be added to his 
DD Form 214.  However, there are no orders or other evidence authorizing award of this decoration to the applicant.    In the absence of a proper award authority for this decoration, the applicant may request award of the BSM 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 BSM 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 and 8 months of continuous enlisted active duty service from 6 February 1970 to 
5 October 1971.  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 pamphlet shows that the applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.

8.  Army Regulation 600-8-22 (Military Awards) 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.  

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 and 8 months of continuous enlisted active duty service from 6 February 1970 to 5 October 1971, 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 6 February 1970 to 5 October 1971, while serving in the rank of sergeant.  

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation during the period he served with the unit.  Accordingly his records should be corrected to show that award as well. 

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 October 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 October 1974.  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:

___X__  __X ___  ___X __  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 awarding him the Good Conduct Medal for the period of 6 February 1970 to 5 October 1971, while serving as a sergeant and by showing that he was awarded the RVNGC w/Palm Unit Citation. 




______X_______
          CHAIRPERSON




INDEX

CASE ID
AR20060010863
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070308
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(partial GRANT)
REVIEW AUTHORITY

ISSUES         1.107.0056
102/agcm
2.107.0094
140/rvngc
3.

4.

5.

6.