RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2007
      DOCKET NUMBER:  AR20070010233


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. John G. Heck                  |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, that his records be corrected by
adding the Distinguished Flying Cross (DFC) and the Bronze Star Medal
(BSM).

2.  The applicant states, in effect, that he was awarded the DFC and BSM at
Hunter Army Airfield and someone forgot to enter them in his records.  He
states that this must be fixed, and he does not want to die without these
honors.

3.  The applicant provides a hometown news release 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's record shows that he enlisted in the Regular Army and
entered active duty on 27 February 1968.  He was initially trained in and
awarded military occupational specialty (MOS) 91A (Medical Corpsman) on 18
October 1968, and was later reclassified into MOS 67N (UH-1 Helicopter
Repairman) on
12 July 1969.  His record shows that he was promoted to specialist five
(SP5) on 12 July 1969, and that this is the highest rank he attained while
serving on active duty.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows the
applicant served in the Republic of Vietnam (RVN) from 13 November 1968
through 25 June 1970.  Item 38 (Record of Assignments) shows that during
his RVN tour, he was assigned to the 571st Medical Detachment, performing
duties in MOS 91A from 18 November 1968 through 11 July 1969 and in MOS 67N
from 12 July 1969 through 25 June 1970.  Item 38 also confirms that he
received no less than "Excellent" conduct and efficiency ratings at all of
his active duty assignments.
4.  Item 41 of the applicant's DA Form 20 shows that he earned the
following awards:  National Defense Service Medal (NDSM); Vietnam Service
Medal (VSM); Air Medal with 6th Oak Leaf Cluster (7th Award); Army
Commendation Medal (ARCOM); Purple Heart (PH); RVN Campaign Medal (RVNCM)
with Device (1960); 3 Overseas Service Bars; Sharpshooter Marksmanship
Qualification Badge with Rifle (M-16) Bar; and Expert Marksmanship
Qualification Badge with Rifle (M-14) Bar.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
derogatory information or a unit commander disqualification that would have
precluded the applicant from receiving the Army Good Conduct Medal (AGCM).

6.  The applicant's MPRJ does contain a Recommendation for Decoration for
Valor or Merit (USARV Form 157-R), which shows the applicant was
recommended for the Silver Star for heroic action in the RVN on 20 February
1970.  This form also shows that at the time of the recommendation, the
applicant had previously received the ARCOM for the period November 1968
through November 1969, and an interim award of the Air Medal with "V"
(Valor) Device for this same action on 20 February 1970.  The applicant's
battalion recommended award of the DFC in lieu of the Silver Star.

7.  The applicant's MPRJ also contains Headquarters, 1st Infantry Brigade,
5th Infantry Division Special Orders Number 189, dated 8 July 1969, which
awarded the applicant the Combat Medical Badge (CMB).  It also contains
Headquarters, 44th Medical Brigade Special Orders Number 48, dated
17 February 1969, which awarded the applicant the Aircraft Crewman Badge.

8.  The applicant's MPRJ is void of any orders or other documents that
indicate he was ever recommended for or awarded the BSM while serving on
active duty.

9.  On 26 February 1971, the applicant was honorably released from active
duty after completing a total of 3 years of active military service.  Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of the separation document (DD Form 214) he
was issued at that time shows he earned the following awards:  NDSM; VSM;
Air Medal with 6th Oak Leaf Cluster (7th Award); ARCOM; PH; RVNCM with
Device (1960); Aircraft Crewman Badge; Sharpshooter Marksmanship
Qualification Badge with Rifle (M-16) Bar; and Expert Marksmanship
Qualification Badge with Rifle (M-14) Bar.

10.  The applicant provides a hometown news release that indicates he
received the DFC and BSM for heroic actions in the RVN.

11.  During the processing of this case, a member of the Board staff
reviewed the Awards and Decorations Computer Assisted Retrieval System
(ADCARS) maintained by the Military Awards Branch, United States Army Human
Resources Command (HRC), which contains General Orders (GO) issued between
1965 and 1973 for the Vietnam era.  ADCARS contained a copy of
Headquarters, United States Army Vietnam (USARV) GO Number 3191, dated 13
July 1970, which awarded the applicant the DFC for his heroism in action in
the RVN on 20 February 1970.  There were no BSM orders on file on the
ADCARS.

12.  On 10 July 2002, the applicant was advised in a letter from the
Director of the ABCMR, that his Official Military Personnel File (OMPF) was
void of a recommendation for the BSM.  He was further advised of the
procedures for requesting this award under the provisions of Title 10 of
the United States Code, Section 1130 (10 USC 1130), as an exception to the
time limitations on submission of awards.   There is no indication that the
applicant ever pursued redress under this provision of the law.

13.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Chapter 1, Section V, outlines policy, precedence and information
of Army individual awards.  It states, in pertinent part, that
recommendations for individual awards must be entered into the system
within two years of the act, achievement, or service to be honored.
Paragraph 1-19 contains guidance on duplication of awards.  It states, in
pertinent part, that only one decoration will be awarded to an individual
or unit for the same act, achievement, or period of meritorious service.

14.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent
part, that a bronze service star is authorized with the VSM for each
campaign a member is credited with participating in while serving in the
RVN.  A silver service star is issued in lieu of 5 bronze service stars to
denote participation in five campaigns.

15.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during the applicant's tenure of assignment in the RVN,
participation credit was granted for the Vietnam Counteroffensive Phase VI;
Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall 1969; Vietnam Winter-
Spring 1970; and Sanctuary Counteroffensive campaigns.

16.  Paragraph 3-12 of the awards regulation contains guidance on the DFC.
It states that it is awarded to any person who, while serving in any
capacity with the Army of the United States, distinguished himself or
herself by heroism or
extraordinary achievement while participating in aerial flight. The
performance of the act of heroism must be evidenced by voluntary action
above and beyond the call of duty. The extraordinary achievement must have
resulted in an accomplishment so exceptional and outstanding as to clearly
set the individual apart from his or her comrades or from other persons in
similar circumstances. Awards will be made only to recognize single acts of
heroism or extraordinary achievement and will not be made in recognition of
sustained operational activities against an armed enemy.

17.  Paragraph 3-13 of the awards regulation contains guidance on the BSM.
It states that it is awarded to members who distinguished themselves by
heroic or meritorious achievement or service, not involving participation
in aerial flight, in connection with military operations against an armed
enemy; or while engaged in military operations involving conflict with an
opposing armed force in which the United States is not a belligerent party.
 Awards may be made for acts of heroism, performed under circumstances
described above, which are of lesser degree than required for the award of
the Silver Star.

18.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

19.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the RVN Gallantry Cross with Palm Unit Citation to
all personnel assigned to the RVN from 8 February 1962 through 28 March
1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the DFC was carefully
considered and found to have merit.  The applicant's record confirms that a
recommendation for the Silver Star for heroic action in the RVN on 20
February 1970 was submitted on the applicant and that this recommendation
was changed to a DFC by his battalion commander.

2.  The ADCARS contains a copy of page 1 of the GO that awarded the
applicant the DFC for his heroic action in the RVN on 20 February 1970.
Therefore, it would be appropriate to add this award to his record and
separation document at this time.
3.  The applicant's contention that he was also awarded the BSM for heroic
actions in the RVN was also carefully considered.  However, by regulation,
duplicate decorations may not be awarded for the same act, achievement or
service being honored.  As a result, the applicant would have been
precluded from receiving the BSM for the same act for which he was awarded
the DFC, which is an award of higher precedence.  The regulation also
requires that awards recommendations be submitted within two years of the
act, achievement, or period of service being honored.  Further, it appears
the applicant elected not to pursue an exception to the regulatory time
limitations as provided for in
10 USC 1130.

4.  The applicant's record is void of any orders, documents, or an award
recommendation that shows he was ever recommended for the BSM while serving
on active duty.  Therefore, there is an insufficient evidentiary basis to
support award of the BSM in this case.

5.  The applicant's record does contain orders that awarded him the CMB on
9 July 1969.  This award was made based on his performance of duty in MOS
91B as a medical corpsman in the RVN.  Therefore, it would also be
appropriate to add this award to his record and separation document at this
time.

6.  The applicant's record also confirms that he received "Excellent"
conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a unit commander disqualification that
would have precluded him from receiving the AGCM.  Therefore, it would be
appropriate to award him the AGCM, for his qualifying period of honorable
active duty service from 27 February 1968 through 26 February 1971.

7.  The evidence of record also shows that based on his RVN service and
campaign participation, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation and 1 silver service star with his VSM.
Therefore, it would also be appropriate to add these awards to his record
and separation document this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JCR _  __JGH __  __QAS__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

      a.  awarding him the Army Good Conduct Medal, for his qualifying
honorable active duty service from 27 February 1968 through 26 February
1971;

      b.  amending Item 24 of his 26 February 1971 DD Form 214 by deleting
the current list of awards and replacing it with the entry "National
Defense Service Medal, Distinguished Flying Cross, Purple Heart, Air Medal
with 6th Oak Leaf Cluster (7th Award), Army Commendation Medal, Army Good
Conduct Medal, Vietnam Service Medal with 1 silver service star, Republic
of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Combat Medical Badge, Aircraft Crewman
Badge, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar,
Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and 3
Overseas Service Bars"; and

      c.  providing him a correction to his separation document that
includes these changes.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Bronze Star Medal.




                                  _____Jeffrey C. Redmann___
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070010233                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/02/26                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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