RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060017105 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney E. Barber

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, 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.

2.  The applicant states that the Bronze Star Medal was omitted from his DD Form 214.

3.  The applicant provides a copy of page 4 of his Enlisted Qualification Record (DA Form 20).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 5 April 1969, the date of his release from active duty.  The application submitted in this case is dated 4 December 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. On 1 September 1966, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 71C1O (Stenographer).

4.  On 4 April 1967, the applicant was assigned for duty as a stenographer with the 35th Artillery Group, in the Federal Republic of Germany.  He was returned to the United States on 17 February 1968.

5.  On 16 April 1968, the applicant was assigned for duty as a stenographer with the Adjutant General Company, United States Army Vietnam.

6.  On 5 August 1968, the applicant was reassigned to the 204th Military Intelligence Detachment as a stenographer.

7.  On 2 September 1968, the applicant was reassigned to Headquarters and Headquarters Company, XXIV Corps, United States Army Vietnam as a stenographer.

8.  The applicant’s DA Form 20 (original copy in his records) indicates that General Orders Number 252, dated 29 March 1969, were published awarding him the Bronze Star Medal.  

9.  On 3 April 1969, the applicant returned to the United States.  He had completed a 12-month tour of duty in the Republic of Vietnam.

10.  On 5 April 1969, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist five, pay grade E5, and had completed 
2 years, 7 months, and 5 days of creditable active service. 

11.  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 Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Bronze Star Medal. 

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

13.  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 four campaign periods: the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the TET Counteroffensive, 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

14.  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 Adjutant General Company, United States Army Vietnam, 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.  It further shows that the XXIV Corps, during the time of the applicant’s assignment, was cited in general orders for award of the Meritorious Unit Commendation. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records clearly show that he completed his 12-month tour of duty in the Republic of Vietnam.  His DA Form 20 indicates that orders were published a week prior to his departure for the United States awarding him the Bronze Star Medal.  It is reasonable to presume that the applicant departed the theater before these orders could be properly filed in his records.  Therefore, his records should be corrected to show this award.

2.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award. 

3.  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.

4.  Records show that the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four 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 5 April 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
4 April 1972.  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:

__ENA __  __AU____  __REB _  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, in addition to the awards shown on his DD Form 214, his authorized awards include the Meritorious Unit Commendation, Bronze Star Medal, Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.
 



__     Eric N. Anderson________
          CHAIRPERSON




INDEX

CASE ID
AR20060017105
SUFFIX

RECON
 
DATE BOARDED
20070517
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.