RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070007798 


	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. John Slone

Chairperson

Mr. John T. Meixell

Member

Mr. David W. Tucker

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 records to show award of the Bronze Star Medal.

2.  The applicant states that he was awarded the Bronze Star Medal in the Republic of Vietnam but it was not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provided a copy of his DD Form 214 and a copy of the certificate showing he was awarded the Bronze Star Medal on 23 June 1968. 

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's records show that he was inducted into the Army of the United States on 30 January 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank the applicant attained while on active duty was sergeant/pay grade E-5.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 3 July 1967 through 2 July 1968.  He was assigned to Company D, 5th Battalion, 7th Cavalry, 1st Cavalry Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam Campaign 

Medal with 1960 Device, the Combat Infantryman Badge, two Overseas Bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14     and M-16), and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Air Medal.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that, in addition to the above awards, the applicant was awarded the Bronze Star Medal under the authority of General Orders 4704, issued by Headquarters, 1st Cavalry Division.

6.  The certificate submitted by the applicant shows that he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces during the period July 1967 to July 1968 in the Republic of Vietnam.

7.  Review of the applicant's records indicates entitlement to additional awards and decorations 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 59, dated 1969.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant was assigned to a unit that was awarded the Valorous Unit Award during the period 1 October 1967 through 31 October 1967 based on Department of the Army General Orders Number 21, dated 1970.

10.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

11.  Army Regulation 672-5-1, in effect at the time, provided that the 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.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.

13.  United States Army Vietnam (USARV) Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal could be awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Bronze Star Medal.

2.  The applicant's DA Form 20 shows that Headquarters, 1st Cavalry Division, General Orders 4704, on an unknown date, awarded the applicant the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show this award.

2.  Orders show the applicant’s unit was awarded the Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record to show this award.

3.  Orders show the applicant was assigned to the 5th Battalion, 7th Cavalry and that this unit was awarded the Valorous Unit Award.  Therefore, he is entitled to correction of his record to show this award.

4.  Evidence of record confirms that the applicant served honorably during the period 30 January 1967 through 29 January 1969.  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.






BOARD VOTE:

__js____  __jtm___  __dwt___  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 awarding the Good Conduct Medal for honorable service during the period 30 January 1967 through 29 January 1969; and showing award of the Bronze Star Medal, the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



							John Slone
	______________________
         		 CHAIRPERSON




INDEX

CASE ID
AR20070007798
SUFFIX

RECON

DATE BOARDED
20071018
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.