RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 June 2007
	DOCKET NUMBER:  AR20060016823 


	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. Carmen Duncan

Chairperson

Mr. Michael Flynn

Member

Mr. Jeffrey Redmann

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 his retirement DD Form 214 (Report of Transfer or Discharge) be corrected to show four awards of the Good Conduct Medal, the Bronze Star Medal with First Oak Leaf Cluster, the Meritorious Unit Commendation, the Republic of Vietnam Campaign Medal with Device 1960, and the Vietnam Service Medal.

2.  The applicant states, in effect, that he would not want anyone to see his last DD Form 214 and not see all of his awards and decorations on it. 

3.  The applicant provides no additional evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
28 February 1971.  The application submitted in this case is dated 28 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 requested correction of his records to show a second award of the Bronze Star Medal.  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 a second award of the Bronze Star Medal 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 enlisted on 16 September 1946, served in the Asiatic-Pacific Theater, and was honorably discharged on 20 January 1948.  

5.  The applicant’s WD AGO Form 53 (Enlisted Record and Report of Separation) shows the World War II Victory Medal and the Army of Occupation Medal with Japan Clasp as authorized awards.  
6.  The applicant was ordered to active duty from the Army National Guard on 
16 January 1951.  On 15 January 1952, he was honorably discharged to reenlist in the Regular Army. 

7.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 15 January 1952 does not show any awards or decorations. 

8.  The applicant enlisted in the Regular Army on 16 January 1952 for a period of 6 years.  He remained on active duty through continuous reenlistments.  He arrived in Vietnam on 24 May 1967.  He was assigned to United States Army Headquarters Area Command in Vietnam from 1 June 1967 through 3 May 1968. On 29 January 1969, the applicant was honorably discharged.  

9.  The applicant’s DD Form 214 for the period ending 29 January 1969 shows the Good Conduct Medal (4th Award), the Bronze Star Medal, the Meritorious Unit Commendation, the Republic of Vietnam Campaign Medal with Device 1960, the Vietnam Service Medal, and the National Defense Service Medal with First Oak Leaf Cluster as authorized awards. 

10.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

11.  The applicant reenlisted on 30 January 1969 for a period of 3 years.  On 
28 February 1971, he retired in the rank of master sergeant after completing almost 24 years of creditable service.    

12.  The applicant’s DD Form 214 for the period ending 28 February 1971 shows the National Defense Service Medal with First Oak Leaf Cluster and the Army Commendation Medal as authorized awards. 

13.  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.

14.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

15.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  Army Regulation 635-5, in effect at the time of the applicant's retirement, provided that all decorations, service medals, campaign credits, and badges awarded or authorized would be entered in item 24 of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 for the period ending 
28 February 1971 should be corrected to show this award.

2.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

3.  The governing regulation in effect at the time of the applicant's retirement provided that all decorations, service medals, campaign credits, and badges awarded or authorized would be entered in item 24 of the DD Form 214.  Therefore, it would be appropriate to correct item 24 on the applicant’s retirement DD Form 214 to add the World War II Victory Medal, the Army of Occupation Medal with Japan Clasp, the Good Conduct Medal (4th Award), the Bronze Star Medal, the Meritorious Unit Commendation, the Republic of Vietnam Campaign Medal with Device 1960, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
  
4.  Records show the applicant should have discovered the alleged errors now under consideration on 28 February 1971; therefore, the time for the applicant to file a request for correction of any error expired on 27 February 1974.  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:

CD_____  _MF____  __JR____  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 adding the World War II Victory Medal, the Army of Occupation Medal with Japan Clasp, the Good Conduct Medal (4th Award), the Bronze Star Medal, the Meritorious Unit Commendation, the Republic of Vietnam Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending 
28 February 1971.



__Carmen Duncan_______
          CHAIRPERSON




INDEX

CASE ID
AR20060016823
SUFFIX

RECON

DATE BOARDED
20070607
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.