RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  2 October 2007
	DOCKET NUMBER:  AR20070006329 


	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:


Ms. Ann M. Campbell

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

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 Air Medal and a second Army Commendation Medal.

2.  The applicant states that he received award certificates in January, April, and June of 1970.   

3.  There is no additional documentation even though the applicant indicated that he had attached three award certificates to 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.  On 17 January 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B2O (Light Weapons Infantryman).

3.  On 25 June 1969, the applicant was assigned for duty as a rifleman with the 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division, in the Republic of Vietnam.  He was returned to the United States on 20 August 1970.

4.  General Orders Number 1082, 1st Cavalry Division, dated 17 January 1970, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period from July 1969 to January 1970.



5.  General Orders Number 5936, 1st Cavalry Division, dated 17 April 1970, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period from June 1969 to June 1970.

6.  On 22 August 1970, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 
1 year, 7 months, and 6 days of creditable active duty.

7.  Item 24 (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, Purple Heart, Army Commendation Medal, Combat Infantryman Badge, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  It does not show award of the Air Medal or a second Army Commendation Medal.

8.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval (ADCAR) System showing that he was awarded a second Army Commendation Medal. 

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

10.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

11.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  



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 following three campaign periods: the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, and the DA Sanctuary Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

13.  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 2nd Battalion, 7th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated 1972, for award of the Valorous Unit Award; in DAGO Number 11, dated 1973, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 42, dated 1972, 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 was awarded the Air Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  There is no available evidence showing that the applicant was awarded a second Army Commendation Medal.  Therefore, his request for this award should not be granted.  However, should the applicant have a copy of the award order, or be able to obtain a copy, he may submit a request for reconsideration.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

6.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 
214 should be corrected to show these foreign unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_ AMC__  __JCR_ _  __LMD __  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Army Good Conduct Medal for the period from 
17 January 1969 to 22 August 1970; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the already-awarded Air Medal, Valorous Unit Award, Army Good Conduct Medal, three bronze service stars to be affixed to his Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

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 showing that he was awarded a second Army Commendation Medal.




__ Ann M. Campbell ____
          CHAIRPERSON


INDEX

CASE ID
AR200070006329
SUFFIX

RECON
 
DATE BOARDED
20071002 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.