RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070004967 


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

2.  The applicant states, in effect, that his records need to be accurate.

3.  The applicant provides copies of his DD Form 214, and a certificate and citation for award of the Army Commendation Medal.  [He does not provide a copy of orders awarding him the Army Commendation Medal.]  

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 Army Commendation Medal.  There are no orders or other evidence authorizing award of the Army Commendation Medal 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, 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.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

4.  Special Orders Number 257, United States Army Training Center, Fort Leonard Wood, Missouri, dated 13 December 1965, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  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 campaigns: the Vietnam Counteroffensive, Phase III; the TET 68 Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

6.  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 Battalion, 2nd Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 70, dated 1969, for award of the Meritorious Unit Commendation; and in Department of the Army General Orders Number 60, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in Department of the Army General Orders Number 51, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant's unit was awarded the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show this unit award.   

2.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

3.  Records show that the applicant participated in four campaigns 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.

4.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards.   




5.  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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  __RCH__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__PMS__  __REB__   ________  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 by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Meritorious Unit Commendation, four bronze service stars to be affixed to his Vietnam Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.





__        Paul M. Smith________
          CHAIRPERSON




INDEX

CASE ID
AR20070004967
SUFFIX

RECON
 
DATE BOARDED
20070828
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0020
2.

3.

4.

5.

6.