RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2007
	DOCKET NUMBER:  AR20070008392 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Lester Echols

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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Army Commendation Medal (ARCOM).

2.  The applicant states, in effect, that his DD Form 214 does not list the ARCOM that was awarded to him in good faith by the commanding general of 1st Aviation Brigade on 22 December 1969 for his service in the Republic of Vietnam.  He states that the original citation of the award was found recently by family members.  He was disappointed that the records needed to correct his DD Form 214 could not be produced.

3.  The applicant provides a copy of his Certificate of Award for the ARCOM with citation.

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 military service records show that he entered active duty on 29 May 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 93H (Air Traffic Control Tower Operator).

3.  He served a tour with the 322nd Aviation Support Detachment in the Republic of Vietnam during the period 28 January 1969 to 26 January 1970.  He was then honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri on 28 May 1971.  He had completed 3 years of active service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Marksmanship Qualification Badge with Rifle Bar (M-14).  However, it does not show the ARCOM.

5.  A review of the applicant's Official Military Personnel File (OMPF) shows that Headquarters, 1st Aviation Company General Orders Number 6694, dated  
22 December 1969 awarded the ARCOM to the applicant.

6.  A review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.

8.  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 document shows that the 322nd Aviation Support Detachment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 11, dated 1973 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Order Number 53, dated 1970.

9.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

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 Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969); Vietnam 
Summer-Fall 1969 (9 June 1969 to 31 October 1969); and Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970).  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 his records should be corrected to show the award of the ARCOM.

2.  General Orders show that the applicant was awarded the ARCOM.  Therefore, he is entitled to correction of his records to show this award.

3.  Records show he is entitled to the first award of the Army Good Conduct Medal for the period 29 May 1968 to 28 May 1971 based on completion of a period of qualifying service of three years.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore he is entitled to correction of his records to show this award.

4.  Evidence shows that, while the applicant was assigned to the 322nd Aviation Support Detachment, the 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, the applicant is entitled to correction of his records to show these foreign unit awards.

5.  Evidence shows the applicant was credited with participating in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his record to show four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

___jea___  ___le___  ____jcr __  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 the ARCOM; Army Good Conduct Medal (first award) for the period  
29 May 1968 to 28 May 1971; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




	__________James E. Anderholm_____
          		CHAIRPERSON




INDEX

CASE ID
AR20070008392
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071101
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.