RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 June 2007
	DOCKET NUMBER:  AR20070000140 


	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:


Ms. Carmen Duncan

Chairperson

Mr. Michael J. Flynn

Member

Mr. Jeffrey C. 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Good Conduct Medal; the Combat Action Ribbon; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Presidential Unit Citation; and several other awards to which he is entitled.

2.  The applicant states, in effect, that the awards should have been included on his DD Form 214 and were omitted due to war time.  

3.  The applicant provides a copy of his DD Form 214, a copy of orders awarding him the Good Conduct Medal, and copy of orders awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle), in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 3 November 1972, the date of his release from active duty.  The application submitted in this case is dated 11 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.  The applicant's record shows he enlisted in the Regular Army on 2 February 1970.  The applicant successfully completed basic combat training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Monmouth, New Jersey.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 34D, Automated Data Processing System (ADPS) Repairman.  

4.  The applicant served in Vietnam from 21 March 1971 to 16 January 1972.  He was promoted to pay grade E-4 on 3 July 1971.  He served until he was released from active duty on 3 November 1972.  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 Republic of Vietnam Campaign Medal; the Vietnam Service Medal with two bronze service stars; the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and the Marksman Marksmanship
Qualification Badge, with Grenade Bar.  His DD Form 214 does not show any additional awards.

6.  The applicant provided a copy of Headquarters, 2nd Armored Division, General Order Number 1425, dated 4 October 1972, which awarded him the Good Conduct Medal, for the period 2 February 1970 to 3 November 1972.  

7.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20 (Enlisted Qualification Record), showing that he was awarded the Combat Action Ribbon.

8.  The applicant provided a copy of Headquarters, 2nd Armored Division Special Orders Number 195, dated 13 July 1972, which awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle).

9.  Department of Defense Instruction 1348.33 (Military Awards Program) shows the Secretary of the Navy authorized the Combat Action Ribbon on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy, in the grade of O-6, and below, who have actively participated in ground or surface combat.  Department of Defense Instruction 1348.33 lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia (1 March 1961) and ending with Operation Desert Storm in 1991.  Personnel who earned the Combat Infantryman Badge, while members of the U.S. Army, and who enlist in the Navy, Marine Corps, or the Coast Guard, may be authorized to wear the Combat Action Ribbon instead.

10.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

11.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three 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. 

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation [PUC] (known as the Distinguished Unit Citation until 3 November 1966) is awarded to units for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

13.  Department of the Army Pamphlet 672-3 indicates that the applicant's unit was not cited for award of the Presidential Unit Citation for actions during the period 21 March 1971 to 16 January 1972. 

14.  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 5, dated 1973; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 32, dated 1973; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 6, dated 1974; 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 evidence of records shows that the applicant was awarded the Good Conduct Medal, for the period 2 February 1970 to 3 November 1972, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle).  Therefore, he is entitled to correction of his records to show these awards.

2.  As a member of the United States Army, the applicant is not eligible for award of the Combat Action Ribbon.  This ribbon is the equivalent of the Combat Infantryman Badge.  Soldiers, who have earned the Combat Infantryman Badge while in the Army and enlist in the Navy, Marine Corps, or the Coast Guard, may be authorized to wear the Combat Action Ribbon instead.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with two bronze service stars.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to award of one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal, with two bronze service stars.

4.  The evidence of record shows that the applicant’s unit was not cited for award of the Presidential Unit Citation for actions during the period 21 March 1971 to 16 January 1972.  Therefore, he is not entitled to correction of his records to show this award.

5.  The applicant's unit was cited for award of the Meritorious Unit Commendation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  Therefore, he is entitled to correction of his records to show these unit awards.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 November 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 November 1975.  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 

__MJF__  __CD____  __JCR __  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 showing that he was awarded the Good Conduct Medal, for the period 2 February 1970 to 3 November 1972; the Expert Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle); the Vietnam Service Medal with three bronze service stars; the Meritorious Unit Commendation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and providing him a correction to his separation document that includes these awards.

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 the Combat Action Ribbon and the Presidential Unit Citation to the applicant and their addition to his DD Form 214.




____Carmen Duncan______
          CHAIRPERSON




INDEX

CASE ID
AR20070000140
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070607
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19721103
DISCHARGE AUTHORITY
AR 635-200, chap 5
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.