RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 September 2007
	DOCKET NUMBER:  AR20070004287 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Thomas A. Pagant

Chairperson

Mr. Eric N. Anderson

Member

Mr. Paul M. Smith

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 records be corrected to show the award of the Bronze Star Medal (BSM) and the Army Good Conduct Medal (AGCM).

2.  The applicant states, in effect, he received the BSM and the AGCM, but they were not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He states that when he was young the awards did not make a difference but now they do. 

3.  The applicant does not provide any additional documentation.

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 requested correction of his records to show award of the Bronze Star Medal.  There are no orders or other evidence to show that the applicant was authorized this award.  In the absence of authority for this award, the applicant may request award of the Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 and, as a result, it will not be discussed further in this Records of Proceedings

3.  The applicant's military records show that he entered active duty on  
30 January 1965.  He was awarded the military occupational specialty (MOS) 11B4O (Light Weapons Infantryman).  He was honorably released from active duty on 9 May 1969 after serving 3 years, 11 months, and 28 days of active service.  He had a total of 102 days time lost due to a period of absence without leave and confinement.

4.  His military records show that he served with Troop C, 1st Squadron,  
9th Cavalry Division (Airmobile) in the Republic of Vietnam during the period  
11 December 1966 to 9 December 1967.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 show the National Defense Service Medal, Vietnam Service Medal with Bronze Service Star, Air Medal, Combat Infantryman Badge, Purple Heart, Vietnam Campaign Medal, and the Aircraft Crewman Badge.  However, it does not show the award of the AGCM.

6.  Item 38 (Record of Assignments) of the applicant's DD Form 214 shows that the applicant received conduct and efficiency ratings of "Good" and “Excellent” during his 3-year qualifying period of service between 30 January 1965 through
29 January 1968.

7.  Army Regulation 672-5-1, in effect at the time when the service member was released from active duty, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-5-1, notes that there is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

8.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

9.  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 all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

10.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, Troop C, 1st Squadron, 9th Cavalry Division (Airmobile) was cited for award of the Valorous Unit Award based on Department of the Army General Orders Number 37, dated 1970.

11.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 only shows he was awarded one bronze service star.

12.  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 Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) and the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968).  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 contends that his records should be corrected to show the AGCM.

2.  The evidence shows that the applicant received conduct and efficiency ratings of "Good" during the period 30 January 1965 through 13 January 1966 and “Excellent” during the period 14 January 1966 through 29 January 1968.  The applicant needed to have all “excellent” conduct and efficiency ratings and no convictions by a court-martial to qualify for the AGCM.  Therefore, he is not entitled to corrections of his records to show this award.

3.  Evidence shows that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to corrections of his records to show this foreign unit award.

4.  Evidence shows that the applicant is entitled to award of the Valorous Unit Award.  Therefore, he is entitled to corrections of his records to show this unit award.

5.  Evidence shows that the applicant was assigned to the Republic of Vietnam during two campaigns.  Therefore, he is entitled to correction of his records to show two bronze service stars to be affixed to his Vietnam Service Medal.

6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____tap__  ___ena__  ___pms__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and two bronze service stars to be affixed to his Vietnam Service Medal. 

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




_________Thomas A. Pagant________
          CHAIRPERSON




INDEX

CASE ID
AR20070004287
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070913
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.