RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  12 July 2007
	DOCKET NUMBER:  AR20070001893 


	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:


Mr. James E. Anderholm

Chairperson

Mr. Jose A. Martinez

Member

Mr. William F. Crain

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 Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that these awards are not on his DD Form 214.

3.  The applicant provides a copy of his certificate and citation for award of the Army Commendation Medal, and a printout of campaigns and battles for the Americal Division.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 9 August 1972, the date of his disability retirement.  The application submitted in this case is dated 22 January 2007.

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 26 February 1969, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 63B2P (Wheel Vehicle Mechanic/Airborne).

4.  On 11 September 1970, the applicant was assigned for duty as a wheel vehicle mechanic with Headquarters and Headquarters Company, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, in the Republic of Vietnam.  

5.  General Orders Number 00341, 23rd Infantry Division, dated 10 January 1971, awarded the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force during the period from 1 September to 31 December 1970.

6.  On 26 August 1971, the applicant was returned to the United States.  
7.  On 11 September 1971, the applicant was injured in an automobile accident.

8.  On 9 August 1972, the applicant was subsequently retired by reason of permanent disability.  He had attained the rank of sergeant, pay grade E5 and had completed 3 years, 1 month, and 15 days of creditable active duty.

9.  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, Parachutist Badge,  and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Army Commendation Medal or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  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 Headquarters and Headquarters Company, 1st Battalion, 20th Infantry, 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.  

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. Review of his records found no evidence of any convictions by court-martial or action taken by the commander to deny him the Army Good Conduct Medal.

13.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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 two campaign periods: the Vietnam Counteroffensive, Phase VII and the Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

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.  General Orders show that the applicant was awarded the Army Commendation Medal.  Therefore, his records should be corrected to show this award.

3.  Records show that 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 award.

4.  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.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 August 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
8 August 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:

_ __JEA __  __JAM___  __WFC  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 
26 February 1969 to 25 February 1972; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the 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.




__ James E. Anderholm __
          CHAIRPERSON




INDEX

CASE ID
AR20070001893
SUFFIX

RECON
 
DATE BOARDED
20070712
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
 
ISSUES         1.
107
2.

3.

4.

5.

6.