RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070004164


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) for the period ending 4 July 1971
be amended to add the Army Good Conduct Medal, the Bronze Star Medal, the
Republic of Vietnam Campaign Medal with device 1960; the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award;
the Presidential Unit Citation, and the Army Commendation Medal.  He also
requests that a new DD Form 214 be issued to reflect these awards.

2.  The applicant states he was given an Official Statement from the Army
authorizing him award of the Army Good Conduct Medal.  He was awarded the
Bronze Star Medal.  He is authorized the Republic of Vietnam Campaign Medal
with device 1960 by virtue of his service in Vietnam.  He is authorized the
Republic of Vietnam Gallantry Cross with Palm Unit Citation not only by
virtue of his service in Vietnam but also as a member of the 4th Battalion,
77th Artillery, 101st Airborne Division.  The Valorous Unit Award was
granted all members of the 4th Battalion, 77th Artillery.  The Presidential
Unit Citation was awarded to all members of Battery C, 4th Battalion, 77th
Artillery.  Although he was not in this unit at the time it was awarded, it
is his understanding that by being assigned to the Battery he would have
been authorized to wear this award at the time of his discharge.  Although
he cannot find orders for the Army Commendation Medal, he is under the
impression that all members of the 101st Airborne Division ware granted
this medal by virtue of honorable service while assigned to the Division.

3.  The applicant provides his DD Form 214 for the period ending 4 July
1971; an Official Statement of Award of Good Conduct Medal, furnished on 11
November 1971; a Bronze Star Medal citation and certificate; a certificate
awarding him the Vietnam Cross of Gallantry Medal (sic); a certificate
awarding him the [Republic] of Vietnam Campaign Medal [with device 1960]; a
listing of unit awards awarded to elements of the 4th Battalion, 77th
Artillery; a copy of two envelopes giving a return address of Battery C,
4th Battalion, 77th Artillery; a certificate of appreciation signed by the
Army Chief of Staff; a certificate of appreciation signed by the Commander
in Chief; and a certificate of recognition signed by the Secretary of
Defense.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 July 1971.  The application submitted in this case is
dated           16 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.  The applicant requested correction of his records to show award of the
Army Commendation Medal.  There are no orders or other evidence authorizing
award of this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
Army Commendation Medal under the provisions of section 1130 of Title 10,
U. S. Code.  He has been notified by separate correspondence of the
procedures for applying for this decoration under section 1130 and, as a
result, it will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted in the U. S. Army Reserve on 19 November 1967.
He completed basic combat training and advanced individual training and was
awarded military occupational specialty 91A (Medical Corpsman).

5.  On orders dated 1 November 1969, the applicant was ordered to active
duty for a period of 19 months and 2 days and entered active duty on 5
December 1969.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he
arrived in Vietnam and was assigned to Headquarters and Headquarters
Battery, 4th Battalion, 77th Artillery on 11 October 1970.

7.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number
3061, dated 13 April 1971, awarded the applicant the Bronze Star Medal.

8.  The applicant departed Vietnam on 26 June 1971 after being credited
with participation in one campaign.

9.  On 4 July 1971, the applicant was honorably released from active duty
after completing 1 year and 7 months of creditable active service.  His DD
Form 214 for the period ending 4 July 1971 shows he was awarded the
National Defense Service Medal, the Vietnam Service Medal, the Marksman
Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert
Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  On 11 November 1971, the applicant was furnished a statement showing
he was eligible for the Army Good Conduct Medal.  This document is filed in
his Official Military Personnel File.  His DA Form 20 shows his conduct and
efficiency were rated as “excellent” for the entire period he was on active
duty and he has no record of disciplinary actions in his records.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated the Army
Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  An award made for any
authorized period of less than      3 years must be for the total period of
obligated active Federal military service.  At the time, a Soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service.

12.  Army Regulation 600-8-22 (Military Awards), is the current regulation
that provides policy and criteria concerning individual military
decorations.  It provides for award of the Republic of Vietnam Campaign
Medal with device 1960 to personnel who have served in the Republic of
Vietnam for 6 months during the period 1 March 1961 to 28 March 1973,
inclusive, or have served for less than    6 months and have been wounded
by hostile forces.

13.  Army Regulation 600-8-2 prescribes Army policy and criteria concerning
individual military awards.  It states that one bronze service star is
authorized for wear with the Vietnam Service Medal for each campaign
participation credit.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to the 4thd Battalion, 77th Artillery, it was cited
for award of the Valorous Unit Award for the period 8 February through 8
April 1971 by Department of the Army General Order (DAGO) Number 13, dated
1974.

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 4th Battalion, 77th Artillery, it was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period   18 April through 31 August 1971 by DAGO Number 6,
dated 1974.

16.  Department of the Army Pamphlet 672-3 does not reflect that either the
entire 4th Battalion, 77th Artillery or any subordinate units of the
battalion were awarded any other unit award during a period of time the
applicant was assigned to the unit.
17.  Army Regulation 670-1 prescribes the authorization for wear of
uniforms and prescribes the awards, insignia and accouterments authorized
for wear on the uniform.  In pertinent part, it states a Soldier may wear a
unit award permanently if the individual was assigned to and present for
duty with the unit any time during the period cited or was attached by
competent orders to and present for duty with the unit during the entire
period or for at least 30 consecutive days of the period cited.  A Soldier
may wear the unit award temporarily if the individual was not present with
the unit during the period cited but was subsequently assigned to the unit.

18.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part, it states a DD Form 214
will not be reissued except under certain limited circumstances, including
when it is determined that the corrections to be made will not fit within
the correction block of a single DD Form 215 (Correction to DD Form 214) or
when two DD Forms 215 have been issued and an additional correction is
required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a U. S. Army Reserve Soldier who had been ordered to
active duty for 19 months and 2 days.  His records contain a statement that
he was eligible for award of the Army Good Conduct Medal.  An award of the
Army Good Conduct Medal made for any authorized period of less than 3 years
must be for the total period of obligated active Federal military service.
Although the applicant was separated 2 days shy of completing the total
period of active Federal military service for which he was ordered to
active duty, it is most likely that he was released early at the
convenience of the Government.  Since his conduct and efficiency ratings
during his period of active duty were rated as “excellent” and he had no
record of disciplinary actions, it appears that he indeed met the
eligibility criteria for award of the Army Good Conduct Medal for the
period 5 December 1969 through 4 July 1971.

2.  The applicant’s records contain orders awarding him the Bronze Star
Medal.  Therefore, this award should be added to his DD Form 214 for the
period ending 4 July 1971.

3.  The applicant met the eligibility criteria for award of the Republic of
Vietnam Campaign Medal with device 1960.  He also was credited with
participation in one campaign and therefore is authorized to wear one
bronze service star on his Vietnam Service Medal.

4.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Valorous Unit Award. Therefore, these awards should be added to his
DD Form 214 for the period ending 4 July 1971.

5.  Notwithstanding the copies of envelopes the applicant provided, there
is no evidence of record to show he was assigned to Battery C, 4th
Battalion, 77th Artillery.  Nevertheless, as the applicant acknowledged, he
was not in the unit at the time the Presidential Unit Citation was awarded.
 He would have been eligible to wear this Citation while he was in the
unit; however, once he departed Vietnam and the unit he would no longer
have been eligible to wear it.  Therefore, it is not authorized for entry
on his DD Form 214.

6.  The corrections the applicant requests to be made to his DD Form 214 do
not appear to meet the regulatory requirement for reissue of his DD Form
214.  The corrections should fit within the correction block of a single DD
Form 215.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 July 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 3 July 1974.  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:

________  ________  ________  GRANT FULL RELIEF

__wdp___  __wb____  __dll___  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 and to excuse failure to timely
file.  As a result, the Board recommends that the DD Form 214 for the
period ending 4 July 1971 of the individual concerned be corrected by:

     a.  awarding him the first award of the Army Good Conduct Medal for
the period 5 December 1969 through 4 July 1971; and
     b.  amending his DD Form 214 for the period ending 4 July 1971 to add
the Army Good Conduct Medal, the Bronze Star Medal, the Republic of Vietnam
Campaign Medal with device 1960, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and the Valorous Unit Award, and to show he is
eligible to wear one bronze service star on his already-awarded Vietnam
Service Medal.

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 Presidential Unit Citation to his DD Form 214 for the period
ending 4 July 1971.




                            __William D. Powers___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004164                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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