RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060013403 


	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. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Thomas M. Ray

Member

Ms. Rea M. Nuppenau

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 discharge document to show award of the Army Commendation Medal.

2.  The applicant states, in effect, that he received the Army Commendation Medal upon his return home after serving in Vietnam.  As a result, the award was not recorded on his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 1 March 1971 and DA Form 4980-14 (Army Commendation Medal Certificate), dated
1 March 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
1 March 1971, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 12 September 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 service records show that he was inducted into the U.S. Army on 28 July 1969.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 70A (Clerk), effective 28 November 1969.  He was subsequently awarded MOS 71B (Clerk Typist) on 17 April 1970.

4.  The applicant's military service records show that he was assigned to the U.S. Army Aviation Materiel Management Center in Vietnam from 23 December 1969 through 27 February 1971.  He was honorably REFRAD on 1 March 1971 after completing 1 year, 7 months, and 4 days net active service.


5.  The applicant's DD Form 214, issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 19 December 1969 through 28 February 1971.  Item 39 (Campaigns) of this document shows he participated in the Vietnam Winter-Spring 1970 and 13th (a then unnamed) Campaign.

7.  There are no orders in the applicant’s military service records which show that he was awarded the Army Commendation Medal and his DA Form 20 does not list the Army Commendation Medal in Item 41 (Awards and Decorations).

8.  The applicant provides a copy of his DD Form 214 and Army Commendation Medal Certificate in support of his application.  The award certificate shows the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period December 1969 to February 1971.  This document also shows that the award was approved and signed by the brigadier general in command of the 1st Aviation Brigade on 1 March 1971.

9.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 3 campaigns:  Vietnam Winter-Spring 1970, Department of the Army Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.

12.  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, at the time of the applicant's assignment to the U.S. Army Aviation Materiel Management Center (Vietnam), the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 5 (1973).
13.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the U.S. Army Aviation Materiel Management Center (Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 6 (1974).  This document further shows that, at the time of the applicant's assignment, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 32 (1973).

14.  The applicant's military service records contain a copy of Headquarters,
U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 220, dated 10 September 1969, which show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

15.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of 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 service medal, including the Vietnam Service Medal.


19.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least
6 continuous months in support of military operations.  

20.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

21.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

22.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese government as a unit award for meritorious service.

23.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

24.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, 1 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show award of the Army Commendation Medal.

2.  The evidence of record shows that the applicant served in Vietnam from
19 December 1969 through 27 February 1971, was reassigned to the continental United States (CONUS) on 28 February 1971, and processed for separation on
1 March 1971.  The evidence of record also shows that on 1 March 1971, the applicant's unit in Vietnam issued the Army Commendation Medal Certificate to the applicant for his meritorious service from December 1969 to February 1971.  Thus, it is reasonable to assume that the applicant was not in possession of his Army Commendation Medal Certificate at the time he was processed for separation at the transition point in CONUS.  As a result, the award was not recorded on the applicant's discharge document.  Therefore, based on the evidence of record and in view of the foregoing, the applicant is entitled to correction of his records to show award of the Army Commendation Medal.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 28 July 1969 through 1 March 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  Records show that the applicant served in 3 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 3 bronze service stars to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show this unit award.

6.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge.
9.  Records show that the applicant served a total of 14 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of 2 Overseas Service Bars.

10.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 March 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
28 February 1974.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file for award of the Good Conduct Medal.

BOARD VOTE:

___JTM__  ___TMR_  ___RMN_  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:

	a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 28 July 1969 to 1 March 1971;
	
	b.  correcting his DD Form 214 to delete the Vietnam Service Medal; and

	c.  correcting his DD Form 214 to add the Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and
2 Overseas Service Bars.




_____John T. Meixell______
          CHAIRPERSON




INDEX

CASE ID
AR20060013403
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/17
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700301
DISCHARGE AUTHORITY
AR 635-200, Chapter 5, Section VII
DISCHARGE REASON
Early Separation of Overseas Returnee
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0020.0000
2.
107.0034.0000
3.
107.0056.0000
4.
107.0094.0000
5.
107.0095.0000
6.