RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060015241 


	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. Paul M. Smith

Chairperson

Mr. David K. Haasenritter 

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 request, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Army Commendation Medal. 

2.  The applicant states, in effect, that his DD Form 214 failed to show that he was awarded the Army Commendation Medal for his actions in Vietnam.  He adds that the award was documented for his service in Vietnam from January 1969 to January 1970 and he was not presented the award until 9 months after his discharge from active duty, which occurred on 7 August 1970.  He continues to elaborates on the events that occurred regarding his award of the Army Commendation Medal.

3.  The applicant provides a copy of an award certificate, citation, and orders, which awarded him the Army Commendation Medal and a copy of his DD Form 214 in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 7 August 1970, the date of his release from active duty.  The application submitted in this case is dated 22 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 August 1968.  The applicant successfully completed basic combat training at Fort Knox, Kentucky, 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 Basic.



4.  The applicant was promoted to corporal (CPL/E-4) effective 6 September 1969.  He served in Vietnam from 9 January to 22 September 1969.  He continued to serve until he was honorably released from active duty on 7 August 1970.  He was transferred to the U. S. Army Reserve (USAR).  

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and one Overseas Service Bar.  His DD Form 214 does not show any additional awards.

6.  The applicant provided a copy of orders awarding him the Army Commendation Medal, on 11 December 1969, for meritorious service in connection with military operations against a hostile force, during the period January 1969 to January 1970, while he served in Vietnam.  He also provided a copy of his award certificate and citation. 

7.  Item 38 (Record of Assignments), of his DA Form 20 (Enlisted Qualification Record), shows the entry "EXC" (Excellent) for his conduct and efficiency.  

8.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 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.

10.  Army Regulation 600-8-22 (Military Awards) 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 in Vietnam.

11.  The applicant participated in three campaigns and is entitled to three bronze service stars for his campaign participation.  The regulation also provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 

12.  DA Pamphlet 672-3 shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.  This unit award is not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal, on 11 December 1969, for exceptionally meritorious service in connection with military operations against a hostile force, during the period January 1969 to January 1970, while he served in Vietnam.  Therefore, he is entitled to correction of his records to show this award.  

2.  Review of the applicant's service personnel records revealed no evidence that would disqualify him from award of the Good Conduct Medal.  There are no entries in his qualification record to indicate he was disqualified from this award 
by any of his commanders.  In the absence of any evidence disqualifying him from this award, the applicant is entitled to award of the Good Conduct Medal for the period 8 August 1968 to 7 August 1970 and to have this award added to his DD Form 214.

3.  The evidence shows that the applicant served in Vietnam from 9 January to 22 September 1969 and met the criteria for award of the Vietnam Service Medal. However, this award was not shown on his DD Form 214.  He participated in three campaigns.  He is therefore entitled to award of the Vietnam Service Medal with three bronze service stars and to have this award shown on his DD Form 214.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show this unit award.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 August 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 6 August 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:

__PMS__  __EM ___  _DKH___  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.  adding the already awarded Army Commendation Medal to his DD Form 214; and 

b.  awarding the applicant the first award of the Good Conduct Medal for the period 8 August 1968 to 7 August 1970; the Vietnam Service Medal with three bronze service stars; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these awards to his DD Form 214.




_____Paul M. Smith__________
          CHAIRPERSON




INDEX

CASE ID
AR20060015241
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070501
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700807
DISCHARGE AUTHORITY
AR  635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.