RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20070005434 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Richard T. Dunbar

Member

Mr. John T. Meixell

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 Good Conduct Medal and the Army Commendation Medal. 

2.  The applicant states, in effect, that he performed his duties under harsh conditions in the Republic of Vietnam and was transferred out earlier than his scheduled date of return.

3.  The applicant did not provide any documentation in support of his application.

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 Board noted the applicant's request for the Army Commendation Medal.  However, the applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of the Army Commendation Medal under the provisions of law.  As a result, the Army Commendation Medal requested by the applicant is not discussed further in these Proceedings. 

3.  The applicant's records show that he enlisted in the Regular Army on 14 June 1968 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 32C (Fixed Station Transmission Repairman).  The form further shows that the applicant was honorably discharged and transferred to U.S. Army Reserve Control Group on 7 June 1971.

4.  The applicant's records also show that he served in the Republic of Vietnam during the period 25 May 1969 through 24 May 1970.  He was assigned to the Radio and Wire Operations Company-Phu-Lam Station, U.S. Army Strategic Communications Command. 

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Army Good Conduct Medal.

6.  Army Regulation 672-5-1, in effect at the time, provides that the 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.

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

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

9.  Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, South Carolina, Special Orders Number 166, dated 1 August 1968 show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 30 July 1968.

10.  Headquarters, United States Army Signal Command and School, Fort Monmouth, New Jersey, Special Orders Number 99, dated 29 April 1969 show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 28 April 1969.

11.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Tet 69 Counteroffensive, Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, and the DA Sanctuary Counteroffensive campaigns during his tour of duty in the Republic of Vietnam.  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 he is entitled to award of the Good Conduct Medal. 

2.  Evidence of record confirms that the applicant served honorably during the period 14 June 1968 through 7 June 1971.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

3.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

4.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his records to show this award.

5.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his records to show this award.

6.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.







BOARD VOTE:

__le____  __rtd___  __jtm___  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 to show award of the Good Conduct Medal for the period 14 June 1968 through 7 June 1971, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar   (M-16), and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




						Lester Echols
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070005434
SUFFIX

RECON

DATE BOARDED
20070823
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.