RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20060016889 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Ronald D. Gant

Member

Mr. Rowland C. Heflin

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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal with “V” Device. 

2.  The applicant states that he should have been awarded the Bronze Star Medal with “V” Device based on his receiving the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 15 February 1972, the date of his transfer to the United States Army Reserve.  The application submitted in this case is dated 29 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 requests correction of his records to show award of the Bronze Star Medal based on his receiving the Combat Infantryman Badge.  There are no orders or other evidence authorizing award of the Bronze Star Medal to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request 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.  Furthermore, he has been informed that only during World War II did the Combat Infantryman Badge qualify as a basis for award of the Bronze Star Medal.  Therefore, it will not be discussed further in this Record of Proceedings. 

4.  On 13 August 1970, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B4O (Light Weapons Infantryman).  

5.  Special Orders 302, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 29 October 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

6.  Special Orders 307, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 3 November 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

7.  Special Orders 321, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 17 November 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

8.  On 10 January 1971, the applicant was assigned for duty as an automatic rifleman with the 2nd Battalion, 327th Infantry Regiment, in the Republic of Vietnam.  He was returned to the United States on 27 January 1972.

9.  On 15 February 1972, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E5 and had completed 1 year, 6 months and 3 days of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Army Commendation Medal, Combat Infantryman Badge, Vietnam Service Medal, Vietnam Campaign Medal with "1960" Device, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

11.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent. 

13.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  
14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase VII, and the Consolidation I and II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 327th Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

2.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

3.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun, Grenade, and Pistol Bars.  Therefore, his records should be corrected to show this award.

4.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 February 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
14 February 1975.  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:

_ RCH_ _  __MKP__  __RDG _  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 him the Army Good Conduct Medal for the period from 
13 August 1970 to 15 February 1972; and

	b.  showing, that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Machinegun, Grenade, and Pistol Bars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal.





__   Margaret K. Patterson_____
          CHAIRPERSON




INDEX

CASE ID
AR20060016889
SUFFIX

RECON
 
DATE BOARDED
20070614 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0014
2.

3.

4.

5.

6.