RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20070003738 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. John T. Meixell

Member

Mr. Richard T. Dunbar

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 his award of the Bronze Star Medal and any additional awards to which he is entitled. 

2.  The applicant states, in effect, that his original citation was awarded during his last week of service in Vietnam and he believes that the original paperwork never reached his DA Form 201 File (Military Personnel Records Jacket).  He states that he should be awarded any additional awards to which he may be entitled. 

3.  The applicant provides a copy of his citation for award of the Bronze Star Medal and a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the Regular Army on 13 December 1965.   The applicant successfully completed basic combat training and advanced individual training at Fort Ord, California.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 71H, Personnel Specialist.

3.  The applicant served in Vietnam from 14 July 1967 to 6 August 1968.  He was promoted to Specialist Five (SP5/E-5) effective 24 April 1967.  He continued to serve until he was honorably released from active duty on 8 August 1968.  He was transferred to the U.S. Army Reserve (USAR).  He was honorably discharged on 12 December 1971.


4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Army Commendation Medal; the Vietnam Service Medal; and the Republic of Vietnam Campaign Medal.  His DD Form 214 does not show any additional awards.

5.  The applicant provided a copy of an award citation which shows he was awarded the Bronze Star Medal for distinguishing himself by exceptionally meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period July 1967 to August 1968.  

6.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20 (Enlisted Qualification Record), showing he was awarded the Bronze Star Medal.

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal.  

8.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) was unable to locate any general orders awarding the applicant the Bronze Star Medal. 

9.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial.  There is also no evidence that his commanders took action to deny him award of the Army Good Conduct Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze "V" device indicates act of heroism involving conflict with an armed enemy.  The bronze oak leaf cluster is awarded to denote the second and succeeding award of a certain decoration, among which is the Bronze Star Medal. 




11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified

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

13.  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 48, dated 1968, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO 8, 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 applicant provided a copy of his citation for award of the Bronze Star Medal and asserted that his original citation was awarded during his last week of service in Vietnam.  He believed that the original paperwork never reached his DA Form 201, MPRJ.  

2.  The applicant assumes that he was already awarded the Bronze Star Medal and that his citation meets the criteria for adding the Bronze Star Medal to his DD Form 214.  

3.  There is no evidence available to the Board, and the applicant has provided none to show that he was officially awarded the Bronze Star Medal.  General orders are the only documentary evidence to support addition of the Bronze Star Medal to a DD Form 214. 

4.  A search of the Army's award data base, ADCARS, failed to produce general orders awarding the applicant the Bronze Star Medal.  In the absence of general orders awarding the applicant the Bronze Star Medal, he is not entitled to have this award added to his DD Form 214.

5.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 13 December 1965 to 8 August 1968 ending with termination of a period of Federal military service.

6.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in four campaigns and he is therefore, entitled to be awarded four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  The applicant's unit was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___e____  ___J____  __RTD__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual the Good Conduct Medal, for the period 13 December 1965 to 8 August 1968; the Vietnam Service Medal, with four bronze service stars; the Meritorious Unit Commendation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and adding these awards to his DD Form 214.

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 adding the Bronze Star Medal to his DD Form 214.  


_____Lester Echols_______
          CHAIRPERSON
INDEX

CASE ID
AR20070003738
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070823
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680808
DISCHARGE AUTHORITY
AR 635-200, CHAP 5 . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY/GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.