RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 May 2007
	DOCKET NUMBER:  AR20060016720 


	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. Hubert O. Fry

Chairperson

Mr. Thomas E. O’Shaughnessy 

Member

Mr. James R. Hastie

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, that the Vietnam Armed Forces Honor Medal (correctly known as the Republic of Vietnam Civil Actions Honor Medal, Second Class), the Bronze Star Medal, (1st Oak Leaf Cluster), and the Good Conduct Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, that his DD Form 214 failed to list all of his awards earned as result of his military service. 

3.  The applicant provides a copy of an Authorization for Individual Foreign Award, from Headquarters, United States Army Vietnam (USARV), dated 29 March 1971; a copy of a Republic of Vietnam decree, Order Number 42; a copy of DA Form 1577 (Authorization for Issuance of Awards), from the National Personnel Records Center (NPRC); 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 17 March 1971, the date of his release from active duty.  The application submitted in this case is dated 16 November 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 27 August 1969.  The applicant successfully completed basic combat training at Fort Dix, New Jersey, and advanced individual training at Fort Ord, California.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 70A, Clerk.  




4.  The applicant served in Vietnam from 5 February 1970 to 17 March 1971.  While in Vietnam, the applicant served with Headquarters and Headquarters Company, 2nd Brigade, 1st Cavalry Division.  He was promoted to specialist four (SP4/E-4) effective 8 June 1970.  He continued to serve until he was honorably released from active duty on 17 March 1971.  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 Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, and the Bronze Star Medal.  His DD Form 214 does not show any additional awards.  

6.  The applicant provides a copy of an Authorization for Individual Foreign Award, from Headquarters, USARV, dated 29 March 1971, which authorized the applicant to accept and wear the Republic of Vietnam Civil Actions Honor Medal, Second Class.  It also constituted authorization to have the award entered on his personnel records.  

7.  The applicant provides a copy of a Republic of Vietnam decree, Order Number 42, which shows that he was awarded the Republic of Vietnam Civil Actions Honor Medal, Second Class. 

8.  There are no orders in the applicant’s service personnel records which show that he was awarded two awards of the Bronze Star Medal.  

9.  The applicant provides a copy of an authorization for issuance of awards, from the NPRC, dated 6 December 1999, which shows that he was issued the Bronze Star Medal (1st Oak Leaf Cluster).  A DA Form 1577 is not, without corresponding evidence, sufficient for the addition of awards to a Soldier's DD Form 214.  This Form is intended to show those awards already awarded and for which there is documentary proof of award. 

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





11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze "V" device indicates act of heroism involving conflict with an armed enemy.  The bronze oak leaf cluster is awarded to denote the second and succeeding award of a certain decoration, among which is the Bronze Star Medal. 

12.  The applicant requested correction of his records to show award of the Bronze Star Medal (1st Oak Leaf Cluster).  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 Bronze Star Medal (1st Oak Leaf Cluster) under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

13.  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.

14.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three additional bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 




15.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Meritorious Unit Commendation, by Department of the Army General Orders (DAGO) Number 51, dated 1971, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 42, dated 1972, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Authorization for Individual Foreign Award and his Vietnam decree, Order Number 42, are sufficient in this case to add the Republic of Vietnam Civil Actions Honor Medal, Second Class, to his DD Form 214.

2.   A 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 for this award, the applicant is entitled to award of the Good Conduct Medal for the period 27 August 1969 to 17 March 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  He is also entitled to have this award added to his DD Form 214.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in three campaigns and he is therefore entitled to be awarded three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these 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, and the Meritorious Unit Commendation, 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 17 March 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 16 March 1974.  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:

__HOF__  __TEO__  __JRH___  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 Republic of Vietnam Civil Actions Honor Medal, Second Class; the Good Conduct Medal for the period 27 August 1969 to 17 March 1971; the Vietnam Service Medal, with three bronze service stars; the Meritorious Unit Commendation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.




_____Hubert O. Fry______
          CHAIRPERSON




INDEX

CASE ID
AR20060016720
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070522
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710317
DISCHARGE AUTHORITY
AR635-200, chap 5 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.