RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060012077 


	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.


	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, award of a second Bronze Star Medal.  

2.  The applicant states, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Bronze Star Medal.  He also states that maybe it was an oversight of a promise.  Upon his exit from Vietnam, he earned his second Bronze Star.  He was told it would be added to his DD Form 214.  In 1969 he received a letter stating that he would be awarded his second Bronze Star Medal.  Due to the respect of the Armed Services, he gave his life for this country.   

3.  The applicant provides copies of his DD Form 214 and a Bronze Star Medal Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 May 1969, the date of his release from active duty.  The application submitted in this case is dated 10 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 military records show that he enlisted in the United States Army, in pay grade E-1, on 28th May 1966, for 3 years.  He completed basic and advanced training and was awarded military occupational specialty 62E, Heavy Construction Equipment Operator.

4.  The applicant served in Vietnam from 20 November 1967 to 20 November 1968 with Headquarters and Headquarters Company, 326th Engineer Battalion, 101st Airborne Division, for five campaigns.

5.  The applicant was released from active duty, in pay grade E-5, on 27 May 1969, and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  
6.  Entries on his DD Form 214 do not show award of the Bronze Star Medal or a second Bronze Star Medal.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, lists the following awards: the Parachute Badge, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, the Purple Heart, and the Army Commendation Medal.

7.  The applicant’s DA Form 20, Enlisted Qualification Record, Item 41 (Awards and Decorations) shows he was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14).

8.  The applicant was discharged from the USAR on 27 May 1972.

9.  A staff member of the Army Human Resources Command, Alexandria, Virginia, Awards Branch, reviewed the records of Headquarters and Headquarters Company, 326th Engineer Battalion, 101st Airborne Division, for the timeframe the applicant served in Vietnam, and found no orders or other evidence authorizing award of this decoration or a second award of the Bronze Star Medal to the applicant.  

10.  The applicant submits a copy of a certificate for the Bronze Star Medal, dated 22 October 1968.

11.  In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star 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 award.  As a result, it will not be discussed further in this Record of Proceedings. 

12.  There is no indication in the applicant's service records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.

13.  Army Regulation 600-8-22 further 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.  

14.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that for Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

15.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  A silver service star is worn instead of five bronze service stars.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with Headquarters and Headquarters Company, 326th Engineer Battalion, 101st Airborne Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Orders Number 43, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, by Headquarters, Department of the Army General Orders Number 48, dated 1971. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal on 27 May 1969.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, it is concluded that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that award for the period 28 May 1966 to 27 May 1969.

2.  The evidence of records shows the applicant served in Vietnam from 20 November 1967 to 20 November 1968, for five campaigns; therefore, he is entitled to two Overseas Service Bars and one silver service star to be affixed to his Vietnam Service Medal.  The evidence also confirms that the applicant is entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  These awards are not shown on the applicant's DD Form 214.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 May 1969, the date of his release from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 May 1970.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

__EM____  __CLG__  __MJF__  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 the Department of the Army records of the individual concerned be corrected by awarding him the Good Conduct Medal for the period 28 May 1966 to 27 May 1969, two Overseas Service Bars, one silver service star to be affixed to his already-awarded Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and by providing him a correction to his separation document that includes these awards.




_____Curtis L. Greenway____
          CHAIRPERSON


INDEX

CASE ID
AR20060012077
SUFFIX

RECON

DATE BOARDED
20070412
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.