RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070011193 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Meritorious Unit Commendation.

2.  The applicant states that he was assigned to Troop A, 1st Aviation Brigade in the Republic of Vietnam from 8 October 1969 to 7 October 1970.  He was not aware at the time that his unit received this award.

3.  The applicant provides no additional documentation.

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.  On 8 May 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11D1O (Armor Reconnaissance Specialist).

3.  On 24 October 1969, the applicant was assigned for duty as a scout observer with A Troop, 7th Squadron, 17th Cavalry Regiment, 1st Aviation Brigade, in the Republic of Vietnam.  On 27 March 1970, his duty was changed to door gunner in the same unit.

4.  On 7 October 1970, the applicant was returned to the United States for assignment at Fort Knox, Kentucky.

5.  On 8 May 1971, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and had completed 2 years of creditable active duty.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Air Medal, Bronze Star Medal with "V" Device, Army Commendation Medal with 1st Oak Leaf Cluster, Vietnam Service Medal, and the Vietnam Campaign Medal.  It does not show any unit awards.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that Headquarters and Headquarters Company, 1st Aviation Brigade, was cited in Department of the Army General Orders for award of the Meritorious Unit Commendation during the same time period that the applicant was assigned with A Troop, 7th Squadron, 17th Cavalry, 1st Aviation Brigade.  

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20), shows that his conduct and efficiency were excellent.  

10.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

11.  Special Orders Number 126, United States Army Training Center, Armor, Fort Knox, Kentucky, dated 4 August 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar.

12.  Special Orders Number 254, United States Army Training Center, Armor, Fort Knox, Kentucky, dated 11 September 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.



13.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

14.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that Headquarters and Headquarters Company, 1st Aviation Brigade was cited in general orders for award of the Meritorious Unit Commendation during the same time that the applicant was assigned to the 17th Cavalry Regiment, a subordinate unit.  However, there is no evidence showing that the applicant's unit received this award.  Therefore, his request should be denied. 

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, his records should be corrected to show award of this medal.

3.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

4.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

5.  Special orders show the applicant qualified as a sharpshooter with his rifle.  Therefore his records should be corrected to show award of the Sharpshooters Marksmanship Qualification Badge with Rifle Bar.

6.  Special orders show the applicant qualified as a marksman with his machinegun.  Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Machinegun Bar.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JLP___  __WDP _  __DWS__  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 the period from 8 May 1969 to 8 May 1971; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Machinegun Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

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 Meritorious Unit Commendation.  




_     _William D. Powers_____
          CHAIRPERSON




INDEX

CASE ID
AR20070011193
SUFFIX

RECON
 
DATE BOARDED
20080110 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
  
DISCHARGE AUTHORITY
  . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0056
2.
107.0034
3.

4.

5.

6.