RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:    15 November 2007 	  
	DOCKET NUMBER:  AR20070010635 


	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. Phyllis B. Mackey 

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry 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, in effect, to be awarded the Army Commendation Medal, and to have it added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. 

2.  The applicant states, in effect, that he was given written documentation (USARV [United States Army, Vietnam] Form 157-R, Recommendation for Decoration for Valor or Merit) for award of the Army Commendation Medal prior to his departure from Vietnam and was told that he would receive the medal upon arrival at his new duty station.  However, he never received the medal. 

3.  The applicant provides a copy of USARV Form 157-R, Recommendation for Decoration for Valor or Merit and a copy of his DD Form 214, dated 5 September 1969, 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, and 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 request for addition of the Army Commendation Medal to his DD Form 214 is outside the statute of limitations on approval of award recommendations for actions during the Vietnam War.  However, the applicant’s request for this award can be considered under the provisions of Title 10, United States Code, Section 1130, which governs consideration of awards not submitted within time limits established by law.  The applicant must exhaust this remedy and therefore, this award will not be discussed further in these Proceedings.

3.  The applicant’s records show that he enlisted in the Regular Army on 
30 August 1966.  He completed basic combat training and advanced individual training at Fort Leonard Wood, Missouri.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 71B, Clerk Typist.  

4.  The applicant served in Vietnam from 3 February 1967 through 31 January 1968, with the USARV Adjutant General Company.  

5.  The applicant was honorably released from active duty, on 5 September 1969, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service.  He was separated in the rank and pay grade of Specialist 5/E-5.  On the date he was released from active duty, he had completed a total of 3 years and 6 days of creditable active service, with no lost time.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, dated 5  September 1969, shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal,
2 Overseas Service Bars and the Expert Marksmanship Qualification Badge, with Rifle Bar.   

7.  Item 38 (Record of Assignments), of the applicant's DA Form 20 (Enlisted Qualification Record), shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

8.  AR 672-5-1, in effect at the time of the applicant's separation 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.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

9.  While in the Republic of Vietnam, the applicant participated in two campaigns: the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968 and the Tet Counteroffensive, which extended from 
30 January through 1 April 1968.  Therefore the applicant is entitled to award of two bronze service stars to be affixed to his Vietnam Service Medal. 

10.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, the US Army Vietnam, was awarded the Meritorious Unit Commendation, by Department of the Army General Order (DAGO) Number 37, dated 1970, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, DAGO Number 48, dated 1971, while he was a member of the unit.

11.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit 
award permanently if the individual was assigned to, and present for duty with 
the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 30 August 1966 through 29 August 1969.

2.  While in the Republic of Vietnam, the applicant participated in two campaigns. Therefore the applicant is entitled to award of two bronze service stars to be affixed to his Vietnam Service Medal and have them added to his DD Form 214.  

3.  The applicant served in a unit, which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  This unit award is not shown on his DD Form 214.  He is entitled to this unit award and to have it added to his DD Form 214.

4.  The applicant served in a unit, which was awarded the Meritorious Unit Commendation, while he was a member of the unit.  This unit award is not shown on his DD Form 214.  He is entitled to this unit award and to have it added to his DD Form 214.



BOARD VOTE:

___MKP__ _LB____  __D_____  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:

a.  deleting the Vietnam Service Medal, from the applicant's DD Form 214; 

b.  awarding the applicant the Vietnam Service Medal, with two bronze service stars, to denote his campaign participation credit;

	c. awarding the applicant the Meritorious Unit Commendation, and adding  this unit award to his DD Form 214; 

	d  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding this unit award to his DD Form 214; and

	e.  awarding the applicant the Good Conduct Medal, for the period 
30 August 1966 through 29 August 1969 and adding this award to his DD Form 214. 




_____M. K. Patterson_____
          CHAIRPERSON




INDEX

CASE ID
AR20070010635
SUFFIX

RECON

DATE BOARDED
20071115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
 GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.