RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070004792 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. Rodney E. Barber

Member

Mr. Rowland C. Heflin

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 correction of his military records to show award of the Silver Star, Bronze Star Medal with "V" Device, and the Special Forces Tab.

2.  The applicant states, in effect, that he was recommended for award of the Silver Star and Bronze Star Medal but never received them.  He also states that he graduated from Special Forces training and served in the Special Forces until 1967, but never received the Special Forces Tab. 

3.  The applicant provides a copy of his Report of Separation from Active Duty (DD Form 214).

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 requests correction of his records to show award of the Silver Star and Bronze Star Medal with "V" Device.  There are no orders or other evidence authorizing award of the Air Medal to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Silver Star and Bronze Star Medal with "V" Device 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 decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings. 

3.  On 31 July 1958, the applicant enlisted in the Regular Army.  He served through a series of reenlistments until his retirement on 28 February 1979.  

4.  In 1964, the applicant successfully completed the 14-week Special Forces Training at Fort Benning, Georgia.
5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Special Forces Tab may be awarded to any person in the Active Army who successfully completes the Special Forces Qualification Course.

6.  The applicant served in the Republic of Vietnam with the 5th Special Forces Group, 1st Special Forces, during the periods from 14 December 1965 to 
2 January 1967; and from 12 January 1968 to 8 January 1969.

7.  On 28 February 1979, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Retired).  He had attained the rank of master sergeant, pay grade E8 and had completed 20 years, 6 months, and 28 days of creditable active duty.

8.  Item 26 (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, Bronze Star Medal, Meritorious Service Medal, Good Conduct Medal (6 awards), Combat Infantryman Badge, Parachutist Badge, Ranger Tab, Presidential Unit Citation (Army), Presidential Unit Citation (Navy), Meritorious Unit Commendation, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960-" Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It does not show the Special Forces Tab. 

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

10.  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 seven campaigns: the Vietnam Defense; the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase II; the TET 68 Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; and the Vietnam Counteroffensive,  Phase VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

11.  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 5th Special Forces Group, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 48, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  
DISCUSSION AND CONCLUSIONS:

1.  Records clearly show that the applicant successfully completed the Special Forces Qualification training.  Therefore, his DD Form 214 should be corrected to show award of the Special Forces Tab. 

2.  Records show that the applicant participated in seven campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star and 2 bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.   

BOARD VOTE:

__PMS___  __REB__  ___RCH   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Special Forces Tab, a silver service star, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




___        Paul M. Smith__________
                       CHAIRPERSON




INDEX

CASE ID
AR20070004792
SUFFIX

RECON
 
DATE BOARDED
20070828 

TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.