RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060014292 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Paul Smith

Chairperson

Mr. David Haasenritter

Member

Mr. Edward 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 award of the Bronze Star Medal with “V’ Device and the Army Commendation Medal with “V” Device. 

2.  The applicant states, in effect, these awards were verified by the National Personnel Records Center in St. Louis, Missouri.

3.  The applicant provides a letter, dated 2 December 2005, from the National Personnel Records Center in St. Louis, Missouri which states, in pertinent part, “We are pleased to verify entitlement to the following awards:  BRONZE STAR MEDAL with letter “V” device; ARMY COMMENDATION MEDAL with letter “V” device.”

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
6 September 1968.  The application submitted in this case is dated 
25 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 requested correction of his records to show award of the Bronze Star Medal with “V” Device.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal with “V” Device 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 and, as a result, they will not be discussed further in this Record of Proceedings.

4.  The applicant was inducted on 9 September 1966.  He arrived in Vietnam on 17 February 1967.  He served as a light weapons infantryman assigned to Company C, 1st Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from 23 February 1967 through 11 February 1968.  On 6 September 1968, the 
applicant was released from active duty in the temporary rank of sergeant after completing 1 year, 11 months, and 28 days of creditable active service with no lost time.   

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, the Air Medal, the Army Commendation Medal, two awards of the Overseas Service Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Second Class Gunner Badge with Machine Gun as authorized awards.  

6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 
21, dated 3 January 1968, show the applicant received the Army Commendation Medal for meritorious service.    

7.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 
337, dated 16 January 1968, show the applicant received the Army Commendation Medal with “V” Device for heroism on 27 October 1967 in Vietnam.    

8.  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 show he received conduct and efficiency ratings of “excellent” throughout his service. 

9.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

10.  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 the applicant’s unit is entitled to award of the Valorous Unit Award for actions during the period 1-31 October 1967 based on Department of the Army General Orders Number 39, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 70, dated 1969.

12.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

14.  Army Regulation 600-8-22, in pertinent part, authorizes 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 shows one award of the Army Commendation Medal.  However, orders show he received two awards of the Army Commendation Medal, one award for valor.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with “V” Device with First Oak Leaf Cluster. 

2.  The applicant was separated in the temporary rank of sergeant with almost 
2 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 9 September 1966 through 6 September 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

3.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.

4.  The applicant’s unit was cited for the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.

5.  Records show the applicant should have discovered the alleged errors now under consideration on 6 September 1968; therefore, the time for the applicant to file a request for correction of any error expired on 5 September 1971.  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:

PS_____  _DH____  __EM____  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 him the first award of the Good Conduct Medal for the period 9 September 1966 through 6 September 1968; and

	b.  amending his DD Form 214 to add the Good Conduct Medal, the Army Commendation Medal with “V” Device with First Oak Leaf Cluster, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal.


__Paul Smith__________
          CHAIRPERSON




INDEX

CASE ID
AR20060014292
SUFFIX

RECON

DATE BOARDED
20070501
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0014
2.
107.0020
3.
107.0000
4.

5.

6.