RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2007
	DOCKET NUMBER:  AR20070008939 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Lester Echols

Member

Mr. Jeffrey 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the already-awarded Bronze Star Medal with 2nd Oak Leaf Cluster (OLC), and the Good Conduct Medal. 

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal, with 2nd OLC; however, it is not shown on his DD Form 214 and that he may be entitled to the Good Conduct Medal. 

3.  The applicant provides a copy of a citation, certificate, and orders awarding him the Bronze Star Medal, with 2nd Oak Leaf Cluster and a copy of his DD Form 214 in support of his request. 

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 record shows he enlisted in the Regular Army on 31 January 1969.  He successfully completed basic combat training and advanced individual training at Fort Dix, New Jersey.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.  

3.  The applicant was promoted to pay grade E-5 on 4 February 1970.  He served in Vietnam from 30 June 1969 to 8 December 1970.  He served until he was honorably released from active duty on 2 December 1971.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He was discharged from the USAR on 1 January 1975.

4.  The applicant's DD Form 214 shows he was awarded the Bronze Star Medal, with 1st OLC, the National Defense Service Medal; the Vietnam Service Medal; the Army Commendation Medal, with "V" Device; the Combat Infantryman Badge; the Republic of Vietnam Campaign Medal; and the Air Medal.  His DD Form 214 does not show any additional awards.

5.  The applicant provided a copy of a citation, certificate, and a copy of Headquarters, 25th Infantry Division General Orders Number 10666, dated 29 October 1970, which shows that he was awarded the Bronze Star Medal, 2nd OLC, for meritorious service in connection with military operations against a hostile force, during the period July to December 1970, while serving in Vietnam. 

6.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct.

7.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

8.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  

9.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Orders (DAGO) Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 51, dated 1971, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 





DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal, with 2nd OLC; however, it was omitted from his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the already-awarded Bronze Star Medal, with 2nd OLC.

2.  The applicant is entitled to the first award of the Good Conduct Medal, for the period 31 January 1969 to 2 December 1971, based on completion of a period of qualifying military service.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in four campaigns and he is therefore, entitled to be awarded four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited 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, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

BOARD VOTE:

___A____  __e_____  __JR____  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:

	a.  by adding the already-awarded Bronze Star Medal, 2nd OLC, to his DD Form 214;
	
b.  by awarding the individual the Good Conduct Medal, for the period from 31 January 1969 to 2 December 1971; and

	c.  by awarding the individual the Vietnam Service Medal, with four bronze service stars; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and adding these awards to his DD Form 214.




	_____James E. Anderholm_____
          		CHAIRPERSON




INDEX

CASE ID
AR20070008939
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071101
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19711202
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.