RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 January 2008
	DOCKET NUMBER:  AR20070011102 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 he be awarded the Army Good Conduct Medal and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his rank and grade as Sergeant, E-5.

2.  The applicant states that he was promoted to Sergeant before he left Vietnam.  He was also told that a year in Vietnam qualified for the Army Good Conduct Medal.  

3.  The applicant provides a copy of his DD Form 214 and a printout on the Army Good Conduct Medal.  

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.  After having had prior service in the U. S. Army Reserve, the applicant enlisted in the Regular Army on 23 January 1970.  He was promoted to Specialist Four, E-4 on 8 June 1970.

3.  The applicant arrived in Vietnam and was assigned to Company B, 52d Signal Battalion on 18 July 1970.  He departed Vietnam on 6 July 1971 after being credited with participation in two campaigns.  There is no evidence of record to show he was promoted to Sergeant while in Vietnam.

4.  Around September 1971, the applicant was recommended for promotion.

5.  Orders dated 10 April 1972 promoted the applicant to Specialist Five, E-5 effective 1 April 1972.

6.  The applicant was honorably released from active duty on 12 April 1972 after completing 2 years, 2 months, and 20 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), two overseas services bars, the Army Commendation Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  Item 5a (Grade, Rate or Rank) of the applicant’s DD Form 214 shows his rank as “SP4.”  Item 5b (Pay Grade) shows his grade as “E4.”  Item 6 (Date of Rank) shows his date of rank as “8 Jun 70.”

8.  There is no derogatory information in the applicant’s records.  His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as “excellent” throughout his enlistment.

9.  Orders dated 19 April 1972 amended the applicant’s promotion orders to show he was promoted to Sergeant, E-5.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.  There was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

11.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

12.  Department of the Army General Orders Number 8, 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record to show that the applicant was promoted to Sergeant while he was in Vietnam, although it is possible he may have been appointed as an acting sergeant.  The evidence of record shows that he was promoted to Specialist Five, E-5 on 10 April 1972, two days prior to his separation date, with an effective date of 1 April 1972.  Seven days after he separated his promotion orders were amended to show he was promoted to Sergeant.  His DD Form 214 should be amended to show his rank and grade as Sergeant, E-5 with a date of rank of 1 April 1972.

2.  The applicant was released from active duty in the rank of Sergeant after completing over 26 months of creditable active service with no lost time.  His records contain no derogatory information, his conduct and efficiency were rated as “excellent” throughout his enlistment, and there is no evidence to show that his immediate commander determined he was not qualified for award of the Army Good Conduct Medal.  Therefore, it appears he met the eligibility criteria for award of this medal.

3.  The applicant was credited with participation in two campaigns and therefore is eligible to wear two bronze service stars on the Vietnam Service Medal.

4.  All units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should be added to the applicant’s DD Form 214.

BOARD VOTE:

__fcj___  __lmd___  __mjf___  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.  awarding him the first award of the Army Good Conduct Medal for the period 23 January 1970 through 12 April 1972; 

	b.  amending his DD Form 214 to add the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to show he is eligible to wear two bronze service stars on his already-awarded Vietnam Service Medal; 

	c.  deleting the entry “SP4” from item 5a, the entry “E4” from item 5b, and the entry “8 Jun 70” from item 6 of his DD Form 214; and

	d.  adding the entry “SGT” to item 5a, the entry “E5” to item 5b, and the entry “1 Apr 72” to item 6 of his DD Form 214.




	__Frank C. Jones______
          		CHAIRPERSON




INDEX

CASE ID
AR20070011102
SUFFIX

RECON

DATE BOARDED
20080108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0056
2.
100.00
3.

4.

5.

6.