RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 July 2007
	DOCKET NUMBER:  AR20070003134 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Rose M. Lys

Member

Mr. James R. Hastie

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 award of the Bronze Star Medal with a "V" Device, the Soldier's Medal, and the Air Medal.

2.  The applicant states that an oversight on the part of the Army when he was discharged left these medals off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of the order awarding him the Soldier's Medal, a copy of the order and certificate awarding him the Air Medal, a copy of the order awarding him the Bronze Star Medal for Valor, and a copy of his Department of Veteran Affairs Rating Decision, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 9 September 1967, the date of his transfer to the United States Army Reserve Control Group.  The application submitted in this case is dated 21 February 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.  Records show that the applicant was inducted into the Army of the United States on 8 December 1965.  He completed basic training and advanced individual training and was awarded military occupational specialty 54A (Decontamination Specialist).  Records show that he served with the 184th Chemical Detachment, 1st cavalry Division, in the Republic of Vietnam during the period 14 December 1966 through 31 August 1967.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and the Bronze Star Medal.  Item 24 does not show award of the Air Medal or the Soldier's Medal.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded the Soldier's Medal and the Bronze Star Medal with "V" Device.

6.  Headquarters, 1st Cavalry Division General Orders Number 1640, dated 13 April 1967, show the applicant was awarded the Bronze Star with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 26 January 1967.

7.  Headquarters, 1st Cavalry Division General Orders Number 4460, dated 5 August 1967, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period April 1967 through July 1967.

8.  Headquarters, 1st Cavalry Division General Orders Number 4629, dated 14 August 1967, show the applicant was awarded the Soldier's Medal for meritorious achievement during an intense fire at a landing zone in the Republic of Vietnam on 6 June 1967 

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

10.  United States Army, Edgewood Arsenal, Special Orders Number 157, dated 10 August 1966 show the applicant was awarded the Expert Marksmanship Qualification Badge with Pistol Bar on 27 July 1966.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

12.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III during his tour of duty in Vietnam.  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.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

15.  Army Regulation 672-5-1, in effect at the time, provides that the 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 26 January 1967.  Therefore, he is entitled to correction of his records to show this award.

2.  Orders show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period April 1967 through July 1967.  Therefore, he is entitled to correction of his records to show this award. 

3.  Orders show the applicant was awarded the Soldier's Medal for meritorious achievement during an intense fire at a landing zone in the Republic of Vietnam on 6 June 1967.  Therefore, he is entitled to correction of his records to show this award. 

4.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is entitled to correction of his record to show this award.

5.  Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record to show this award.

6.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.
7.  Evidence of record confirms that the applicant served honorably released from active duty during the period 8 December 1965 through 9 September 1967. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 September 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 8 September 1970.  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:

_JRH____  _JI___ _  __RML___  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 the Bronze Star Medal with "V" Device, the Soldier's Medal, the Air Medal, the Expert Marksmanship Qualification Badge with Pistol Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Army Good Conduct Medal.




__John Infante____
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.