RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 May 2007
	DOCKET NUMBER:  AR20070004137 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Donald L. Lewy

Member

Mr. Roland S. Venable

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal.

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal for his service in the Republic of Vietnam but it was not included on his DD Form 214.

3.  The applicant provides a copy of his Bronze Star Citation and Certificate.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 2 September 1969, the date of his release from active duty.  The application submitted in this case was received on 7 March 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 10 October 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 76Y1O (Unit Supply Specialist).

4.  Item 29 (Qualification in Arms) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that he qualified as a sharpshooter with both the M14 and M16 rifle.

5.  On 13 September 1968, the applicant was assigned for duty as a supply clerk with the 1st Administration Company, 1st Infantry Division, in the Republic of Vietnam. 



6.  On 24 August 1969, the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period from September 1968 to September 1969, while serving in the Republic of Vietnam. 

7.  On 28 August 1969, the applicant was returned to the United States.  

8. On 2 September 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and had completed 1 year, 
10 months and 8 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, Vietnam Campaign Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It does not show the Bronze Star Medal, Army Good Conduct Medal, or any marksmanship qualification badges. 

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

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

12.  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.  

13.  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 four campaign periods: the Vietnam Counteroffensive, Phase V, the Vietnam Counteroffensive, Phase VI, the TET 69 Counteroffensive, and the Vietnam Summer-Fall 1969.  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.  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 the 1st Administration Company, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.  Therefore, his records should be corrected to show this award.

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.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

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

5.  Records show the applicant qualified as a sharpshooter with his rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 2 September 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
1 September 1972.  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:

_RSV ___  __DLL __  __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 
10 October 1967 to 2 September 1969; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Bronze Star Medal, Meritorious Unit Commendation, Army Good Conduct Medal, four bronze service stars to be affixed to his Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.



 
__     William F. Crain__________
          CHAIRPERSON




INDEX

CASE ID
AR20070004137
SUFFIX

RECON
 
DATE BOARDED
20070531 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0014
2.
107.0056
3.

4.

5.

6.