`	`

RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060011794 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr.  Thomas M. Ray

Chairperson

Mr. Jeffery C. Redmann

Member

Mr. James R. Hastie

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) to show that he was awarded the Bronze Star Medal.

2.  The applicant states, in effect, that he was awarded the Army Commendation Medal and the Bronze Star Medal on 30 May 1970.  The Army Commendation Medal was placed on his DD Form 214; however, the Bronze Star Medal was not.  He received documentation for both awards and medals in June 1971, during his separation from the Army.

3.  The applicant provides a copy of a citation awarding him the Bronze Star Medal, a copy of orders, a citation, and an award certificate awarding him the Army Commendation Medal, and copy of his DD Form 214, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 16 June 1971, the date of his release from active duty.  The application submitted in this case is dated 8 August 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 record shows he enlisted in the Regular Army on 17 June 1968.  The applicant successfully completed basic combat training at Fort Bliss, Texas, and advanced individual training at Fort Leonard Wood, Missouri.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 71B, Clerk Typist.

4.  He was promoted to pay grade E-4 on 5 November 1969.  He served in Vietnam from 23 June 1969 to 22 June 1970.  He continued to serve until he was released from active duty on 16 June 1971.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
5.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with 60 Device, the Army Commendation Medal, the Expert Marksmanship Qualification Badge with rifle bar, and the Good Conduct Medal.  His DD Form 214 does not show any additional awards.

6.  The applicant provided a copy of an award citation which shows he was awarded the Bronze Star Medal for outstandingly meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period June 1969 to June 1970.

7.  The applicant provided a copy of orders, an award certificate, and an award citation which awarded him the Army Commendation Medal for exceptionally meritorious service in support of military operations against a hostile force in the Republic of Vietnam, for the same period of service as the Bronze Star Medal.  The Army Commendation Medal is shown on his DD Form 214. 

8.  Paragraph 8 of Army Regulation 672-5-1, in effect, at that time, stated that only one award would be made for the same act, achievement, or period of meritorious service.  An award for meritorious service could include meritorious achievement, but duplicating awards would not be made for meritorious achievement and meritorious service involving the same period of time.

9.  While the applicant was assigned to Vietnam he participated in three campaigns.  Army regulation 600-8-22 provides that a bronze service star is authorized to be affixed to the Vietnam Service Medal for a Soldier's participation in each campaign. 

10.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by DAGO Number 51, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 5, dated 1973, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

11.  An inquiry was made of the U.S. Army Human Resources Command (AHRC)-Alexandria, Awards Branch, for award orders for the Bronze Star Medal. They were unable to locate any general orders awarding the applicant the Bronze Star Medal for the period June 1969 to June 1970, while assigned to Headquarters, 173rd Airborne Brigade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a citation for award of the Bronze Star Medal.  He provided a copy of orders, a citation and an award certificate awarding him the Army Commendation Medal.

2.  The period shown for both awards is identical.  The reason shown "for exceptionally meritorious service" is the same on both awards.

3.  Applicable Army regulations in effect at the time precluded duplication of awards for the same period of service.  Only one award was authorized to be made for the same act, achievement, or period of service.  

4.  A search of the Army's award data base failed to produce general orders awarding the applicant the Bronze Star Medal.  The Army Commendation Medal was posted to this qualification record and appropriate general orders were published.

5.  In the absence of general orders awarding the applicant the Bronze Star Medal, he is not entitled to have this award added to his DD Form 214.

6.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with two bronze service stars.  However, he participated in three campaigns and he is therefore, entitled to three bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

7.  The applicant's unit 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 at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

8.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.




9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 June 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 15 June 1974.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence and argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JCR___  __JRH __  __TMR__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to add the Bronze Star Medal to the applicant's DD Form 214.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by:

a.  deleting the Vietnam Service medal with two bronze service stars; and

b.  adding the Vietnam Service medal with three bronze service stars;
Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




______Thomas M. Ray_____
          CHAIRPERSON




INDEX

CASE ID
AR20060011794
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070301
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710616
DISCHARGE AUTHORITY
AR  635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.