RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 December 2007
	DOCKET NUMBER:  AR20070010083 


	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. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Ms. Kathleen Newman

Chairperson

Ms. Rose Lys

Member

Mr. Edward Montgomery

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 award of the Bronze Star Medal (BSM).

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge) with a separation date of 27 June 1971, should be corrected to show award of the BSM. 

3.  The applicant provides copies of his DD Form 214, BSM certificate, BSM citation, two certificates of appreciation, and his honorable discharge certificate in support of 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.  The applicant was inducted into the Army of the Untied States on 7 August 1969. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 57H (Cargo Handler).  The highest rank he attained was specialist /pay grade E-4.  He was released from active duty on 27 June 1971 and transferred to the United States Army Reserve (Control Group).  He served on active duty during this enlistment period for 1 year, 10 months, and 21 days.  His characterization of service is honorable.  

3.  The applicant's DD Form 214 shows in Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entries "National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and the Vietnam Campaign Medal (VCM)."  It does not show award of the BSM.

4.  The applicant was assigned to the 402nd Transportation Company (Terminal Transfer) in the Republic of Vietnam during the period from 14 August 1970 to 25 June 1971.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the BSM.  Item 41 does show the applicant was awarded the NDSM, VSM, VCM, the Sharpshooter Marksmanship Badge with Rifle Bar, and one overseas service bar.  Further review shows that Special Orders Number 228, published by Headquarters, United States Army Training Center, Fort Bliss, Texas awarded the applicant the Sharpshooter Marksmanship Badge with Rifle Bar.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that throughout his period of service from his date of induction on 7 August 1969 to his date of release from active duty on 27 June 1971, his conduct and efficiency ratings were all rated excellent.  There was no derogatory information found within the applicant's available military personnel records and his separation from active federal service was characterized as honorable.

7.  The applicant's records do not contain any orders for award of the BSM.

8.  The applicant submitted a certificate and a citation for award of the Bronze Star Medal.  A brigadier general of the United States Army, who is the appropriate award approving authority, authenticated the certificate.  It appears that the Bronze Star Medal was presented to the applicant on 16 June 1971 in recognition of his meritorious achievement in ground operations against hostile forces from August 1970 to June 1971 in the Republic of Vietnam.

9.  The applicant's records show that he is entitled to additional awards, which he did not request and which are not listed on his DD Form 214.

10.  The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

11.  Army Regulation 600-8-22 states, in pertinent part, that the Army 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.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service 
ends with the termination of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal disqualification must be justified.  

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

13.  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 (DAGO) Number 8, dated 1974.

14.  Appendix B of Army Regulation 600-8-22 and the applicant's personnel records show that the applicant participated in the Vietnam Counteroffensive Phase VII during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations engaged in combat operations. 

16.  Army Pamphlet 672-3 shows that while the applicant was assigned to 402nd Transportation Company in the Republic of Vietnam, this unit was awarded the Meritorious Unit Commendation for the period 11 July 1969 to 31 December 1970 based on DAGO Number 43, dated 1972.

17.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum that awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to have his DD Form 214 corrected to show award of the BSM.  There is no evidence in the available applicant's military personnel record, which shows he was awarded the BSM.  The applicant provided copies of his BSM certificate and its supporting citation with his application.  The applicant did not provide a copy of the military order, which would have awarded and authorized the BSM.  Army regulations state that award certificates alone will not be used as a basis for entering a decoration on a Soldier's DD Form 214.  Therefore, there is insufficient evidence to show award of the BSM.  

2.  Based on the applicant's commander's determination that the applicant was fully qualified for reenlistment and the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 7 August 1969 to 24 June 1971 ending with termination of a period of Federal military service 

3.  Based on the entry in the applicant's military record, which shows Special Order Number 228 awarded the applicant the Sharpshooter Marksmanship Badge with Rifle Bar, he is entitled to have this badge added to his DD Form 214.

4.  Based on the applicant's service with 402nd Transportation Company in the Republic of Vietnam, he is authorized the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant's military personnel records show he participated in one campaign during his service in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star to be affixed to his previously awarded Vietnam Service Medal.

6.  Evidence shows that the applicant’s records contain administrative error, which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___KN __  __RL____  __EM___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Army Good Conduct Medal for the period of service from 7 August 1969 to 27 June 1971, the Sharpshooter Marksmanship Badge with Rifle Bar, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  





____Kathleen Newman_______
          CHAIRPERSON




INDEX

CASE ID
AR20070010083
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071206
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0014
2.

3.

4.

5.

6.