RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007 
	DOCKET NUMBER:  AR20060014285 


	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. Curtis L. Greenway 

Chairperson

Mr. Michael J. Flynn

Member

Mr. Edward E. Montgomery

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 Air Medal.

2.  The applicant states, in effect, that his awards are all correct except for the Republic of Vietnam Campaign Medal with 60 Device; however, it should be the Army Commendation Medal.  

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 8 February 1970, the date of his release from active duty.  The application submitted in this case is dated 6 October 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 was inducted into the Army of the United States on 8 July 1968.  The applicant successfully completed basic combat training at Fort Dix, New Jersey, and advanced individual training at Fort Sill, Oklahoma.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 13A, Field Artillery Crewman.

4.  The applicant was promoted to pay grade E-4 on 10 September 1969.  He served in Vietnam from 20 January 1969 to 7 February 1970.  He continued to serve until he was released from active duty on 8 February 1970.  He was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training). 

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badge, with rifle bar 
(M-16), the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Bronze Star Medal, two Overseas Service Bars, and the Good Conduct Medal.  His DD Form 214 does not show any additional awards.

6.  The applicant provided a copy of an award certificate, citation, and a copy of Headquarters, 101st Airborne Division (Airmobile), General Orders Number 14297, dated 5 December 1969, which awarded him the Air Medal, for meritorious achievement while participating in aerial flight, on 10 November 1969.

7.  There is no indication in the applicant's service personnel records to show he was considered or recommended for, or awarded, the Army Commendation Medal.

8.  The applicant states that he provided a copy of a photograph; however, this photograph was not attached to his application and is unavailable for review.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show four bronze service stars to which he is entitled for his campaign participation.

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 Department of the Army General Orders (DAGO) Number 43, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 48, dated 1971, while he was assigned to the unit.  
These unit awards are not shown on the applicant's DD Form 214. 

11.  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.  

12.  The applicant requested correction of his records to show award of the Army Commendation Medal.  Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a 

decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The applicant has been notified by separate correspondence of the procedure for applying for award of the Army Commendation Medal under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows that the applicant was awarded the Air Medal on 10 November 1969.  Therefore, he is entitled to correction of his records to show this award.

2.  The evidence of record shows that the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal, with "1960" Device.  This award is already shown on his DD Form 214.  There is no evidence, and the applicant has provided none, to show that an error was made in the preparation of his DD Form 214, at the time of his release from active duty insofar as the Republic of Vietnam Campaign Medal is concerned.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in four campaigns and he is therefore, entitled to four service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  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.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 February 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 

7 February 1973.  The applicant did not file within the 3-year statute of limitations; however, based on the available (evidence or argument), it would be in the interest of justice to excuse failure to timely file in this case.

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 Department of the Army records of the individual concerned be corrected by showing that he was awarded the Air Medal; the Vietnam Service Medal, with four bronze service stars; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.




______Curtis L. Greenway ____
          CHAIRPERSON




INDEX

CASE ID
AR20060014285`
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070412
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700208
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT/PLUS
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.