RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 November 2007
	DOCKET NUMBER:  AR20070009776 


	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:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry K. Bergquist

Member

Mr. Dale E. DeBruler

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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Army Commendation Medal (ARCOM) and Army Good Conduct Medal (AGCM).

2.  The applicant states, in effect, he was presented the original ARCOM citation in March 1969 for distinguished and exceptionally meritorious service in support of Allied Counterinsurgency Operations in the Republic of Vietnam for the period March 1969 to March 1970.  His service record was exceptional while he was on active duty and he received a Certificate of Achievement from the United States Army, Europe and Seventh Army on 14 July 1971.  He served his country honorably with exceptionally meritorious service and his service records should reflect those achievements.

3.  The applicant provides a copy of his DD Form 214, Honorable Discharge Certificate, Certificate of Award for the ARCOM with citation, and Certificate of Achievement.

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 25 July 1968.  He completed the necessary training and was awarded the military occupational specialty (MOS) 35E (Special Electronic Devices Repairer).

3.  He served a tour with Headquarters and Headquarters Company (HHC), 704th Maintenance Battalion, 4th Infantry Division in the Republic of Vietnam during the period 25 March 1969 to 24 March 1970.
4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri on 13 July  
1971 after serving 2 years, 11 months, and 19 days of active service.

5.  Item 24 of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Campaign Medal with 60 Device, and Vietnam Service Medal with one bronze service star.  However, it does not show the ARCOM or AGCM.

6.  A review of the Awards/Decorations Computer Assisted Retrieval System (ADCARS) shows that Headquarters, 4th Infantry Division General Orders Number 859, dated 10 February 1970 awarded the ARCOM to the applicant.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the applicant was separated, 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.  A review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the 4Republic of Vietnam.  This document shows that HHC, 704th Maintenance Battalion, 4th Infantry Division, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 52, dated 1971.

10.  The applicant's records show that he was awarded the Vietnam Service Medal with one bronze service star.  However, he is entitled to three bronze service stars.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the 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 item 24 of his DD Form 214 should be corrected to show the award of the ARCOM and AGCM.

2.  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 25 July 1968 to 13 July 1971 based on completion of a period of qualifying service of 2 years, 11 months, and 19 days ending with the termination of a period of Federal military service.  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 HHC,  
704th Maintenance Battalion, 4th Infantry Division, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to correction of his record to show this foreign unit award.

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

BOARD VOTE:

___mkp__  ___lkb__  ___ded__  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 in item 24 of his DD Form 214 the ARCOM, Army Good Conduct Medal first award for the period 25 July 1968 to 13 July 1971, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal.




_________Margaret K. Patterson______
          CHAIRPERSON




INDEX

CASE ID
AR20070009776
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071115
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.