RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 May 2007
	DOCKET NUMBER:  AR20060015702 


	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:


Ms. Yolanda Maldonado

Chairperson

Ms. LaVerne Douglas

Member

Mr. Gerald Purcell

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 that an additional bronze service star be affixed to his Vietnam Service Medal with two bronze service stars (for a total of three bronze service stars).  He also requests award of the Expert Marksmanship Qualification Badge with Pistol Bar and the Good Conduct Medal.   

2.  The applicant states that he was only credited with two campaigns and that his Vietnam Service Medal was given to him with three bronze service stars, not two bronze service stars, that the .45 caliber pistol marksmanship badge was needed in Vietnam for his military occupational specialty, and that he believes his service record for his three years of service in the United States and Vietnam speaks for itself.

3.  The applicant provides two applications; a copy of his DD Form 214 (Report of Transfer or Discharge); a list of Vietnam campaigns; and a letter, dated 
8 January 2007, from the National Personnel Records Center at St. Louis, Missouri.   

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
3 October 1969.  The applications submitted in this case are both dated
26 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 enlisted on 4 October 1966 for a period of 3 years.  He arrived in Vietnam on 3 December 1967.  He was assigned to Company A, 
801st Maintenance Battalion of the 101st Air Cavalry Division in Vietnam from 
5 December 1967 through 11 September 1968.  He was assigned to Headquarters and Company A, 801st Maintenance Battalion in Vietnam from 
12 September 1968 through 27 November 1968.  On 3 October 1969, the applicant was released from active duty in the temporary rank of specialist five after completing 3 years of creditable active service with no time lost.  
4.  The applicant’s DD Form 214 shows the Vietnam Service Medal with two bronze service stars, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Army Commendation Medal, the Bronze Star Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) as authorized awards.  

5.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

6.  There are no orders for the Expert Marksmanship Qualification Badge with Pistol Bar in the applicant’s service personnel records.

7.  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, with the exception of one service school efficiency rating of “Good” based upon academic proficiency, he received conduct and efficiency ratings of “excellent” throughout his service. 

8.  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 the Meritorious Unit Commendation for actions during the period 1 November 1968 to 31 May 1969 based on Department of the Army General Orders Number 39, dated 1970.

9.  Department of the Army Pamphlet 672-3 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 43, dated 1970.

10.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

11.  Army Regulation 600-8-22 (Military Awards), 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.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.


12.  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.

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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s DD Form 214 shows the Vietnam Service Medal with two bronze service stars, and the applicant contends that his Vietnam Service Medal was given to him with three bronze service stars, evidence of record shows he participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.

2.  There are no orders for the Expert Marksmanship Qualification Badge with Pistol Bar in the applicant’s service personnel records.  Therefore, there is insufficient evidence on which to base award of the Expert Marksmanship Qualification Badge with Pistol Bar in this case.  

3.  The applicant was separated in the temporary rank of specialist five with 
3 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 4 October 1966 through 3 October 1969 based on completion of a period of 3 years of continuous enlisted active Federal military service.



4.  The applicant’s unit received the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

5.  Records show the applicant should have discovered the alleged errors now under consideration on 3 October 1969; therefore, the time for the applicant to file a request for correction of any error expired on 2 October 1972.  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:

________  ________  ________  GRANT FULL RELIEF 

YM____  __LD____  __GP____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 4 October 1966 through 3 October 1969; 

	b.  deleting the entry, “Vietnam Service Medal w/2 Bronze Service Stars” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and 

	c.  amending his DD Form 214 to add the Good Conduct Medal, the Vietnam Service Medal with one silver service star, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal 
with two bronze service stars or the Expert Marksmanship Qualification Badge with Pistol Bar.  




__Yolanda Maldonado___
          CHAIRPERSON




INDEX

CASE ID
AR20060015702
SUFFIX

RECON

DATE BOARDED
20070515
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.