RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 May 2007
	DOCKET NUMBER:  AR20060014778 


	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. Richard T. Dunbar

Chairperson

Mr. Michael J. Flynn

Member

Ms. Rose M. Lys

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 Air Medal.

2.  The applicant states, in effect, he received his Air Medal Certificate and Citation subsequent to his separation from active duty and the award is not recorded on his discharge document.  He also states, in effect, that he would like his records corrected to show this and any other awards he is entitled to.

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 8 June 1967; 2 Headquarters, U.S. Army Armor Center, Fort Knox, Kentucky letters, dated 7 April 1969 and 16 April 1969; DA Form 4980-9 (Air Medal Certificate), dated 17 December 1966; and Citation for The Air Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
8 June 1967, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 5 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 military service records show that he was inducted into the U.S. Army on 9 June 1965.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service records show that he was assigned to Company D (Combat Support), 1st Battalion, 7th Cavalry, 1st Cavalry Division in Vietnam from 23 November 1965 through 7 November 1966.  He was honorably REFRAD on 8 June 1967 after completing a total of 2 years 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, Republic of Vietnam Campaign Medal with "1960" Device, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 11 November 1965 through 10 November 1966.  Item 39 (Campaigns) of this document shows that he participated in the Vietnam Defense Campaign.

7.  In support of his application, the applicant provides two letters from the Deputy Adjutant, Headquarters, U.S. Army Armor Center, Fort Knox, Kentucky.  The letters show that the applicant was contacted after he separated from the Army concerning his award of the Air Medal to arrange an appropriate ceremony and that the applicant requested the award be mailed to him.  The applicant also provides a copy of the Air Medal Certificate and Citation that he received that show he was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period 10 December 1965 to 21 October 1966 in the Republic of Vietnam.  The Air Medal Certificate also shows that it was approved and signed by the major general in command of the 1st Cavalry Division (Airmobile) on 17 December 1966.

8.  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.

9.  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.

10.  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 Defense, Vietnam Counteroffensive, and Vietnam Counteroffensive Phase II campaigns.

11.  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 Company D (Combat Support), 1st Battalion, 7th Cavalry (Vietnam), the unit was cited for award of the Presidential Unit Citation by Headquarters, Department of the Army, General Orders Number 40 (1967).

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to Company D (Combat Support), 1st Battalion,
7th Cavalry (Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 70 (1969).

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  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.  

15.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

16.  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 campaign or service medal, including the Vietnam Service Medal.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

18.  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.

19.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show award of the Air Medal and any other awards that he is entitled to based on his service in the U.S. Army.

2.  The evidence of record shows that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period
10 December 1965 to 21 October 1966 in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 9 June 1965 through 8 June 1967 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 Presidential Unit Citation.  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.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 June 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
7 June 1970.  Although the applicant did not file within the ABCMR's 3-year statute of limitations, it is appropriate to waive failure to timely file for award of the Good Conduct Medal.  

BOARD VOTE:

___RTD _  ___MJF_  ___RML _  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 during the period 9 June 1965 through
8 June 1967;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding to his DD Form 214 the Air Medal, Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.




____Richard T. Dunbar_____
          CHAIRPERSON




INDEX

CASE ID
AR20060014778
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/03
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19670608
DISCHARGE AUTHORITY
AR 635-200, Chapter 2, Section VI
DISCHARGE REASON
Expiration of Term of Service
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0018.0000
2.
107.0056.0000
3.
107.0031.0000
4.
107.0094.0000
5.

6.