RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20070000260 


	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. Kathleen A. Newman

Chairperson

Ms. Susan A. Powers

Member

Mr. Edward E. Montgomery

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 military records to show award of the Bronze Star Medal and the Army Commendation Medal.

2.  The applicant states that he was awarded the Bronze Star Medal and the Army Commendation Medal but they were not entered on his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

3.  The applicant provides a copy of his DD Form 214 and award certificates for the Bronze Star Medal and the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 4 April 1971, the date of his release from active duty.  The application submitted in this case is dated 18 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 14 May 1968, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 35L2O (Aviation Communication Equipment Repairer).

4.  Records show that the applicant was assigned for duty in the Federal Republic of Germany for 12 months from 15 February 1969 to 14 February 1970; and was then assigned to the Republic of Vietnam on 24 April 1970.

5.  General Orders Number 13239, 101st Airborne Division (Airmobile), dated 
4 November 1970, awarded the applicant the Army Commendation Medal.  The accompanying certificate shows that this award was for exceptionally meritorious achievement in the Republic of Vietnam during the period from 1 May to 
30 September 1970.


6.  General Orders Number 1063, 101st Airborne Division (Airmobile), dated 
2 February 1971, awarded the applicant the Bronze Star Medal for meritorious service, in ground operations against hostile forces in the Republic of Vietnam during the period from 1 May 1970 to 31 January 1971.

7.  On 4 April 1971, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E5 and had completed 2 years, 10 months and 26 days of creditable active duty.

8.  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, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960" Device, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Bronze Star Medal or the Army Commendation Medal. 

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

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

11.  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. 

12.  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 two campaign periods: the DA Sanctuary Counteroffensive and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  



13.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded the Bronze Star Medal and the Army Commendation Medal for meritorious achievement and service in the Republic of Vietnam.  Therefore, his records should be corrected to show these awards.

2.  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.

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

4.  The applicant’s unit was subordinate to the Headquarters, United States Army Vietnam.  As such it 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.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 April 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
3 April 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:

__EEM__  __SAP__  __KAN  _  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 
14 May 1968 to 4 April 1971; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal, two bronze service stars to be affixed to his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




___Kathleen A. Newman____
          CHAIRPERSON




INDEX

CASE ID
AR20070000260
SUFFIX

RECON
 
DATE BOARDED
20070710 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.