RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 December 2007
	DOCKET NUMBER:  AR20070011570 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Jerome L. Pionk

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 correction of his records to show award of the Combat Medical Badge and the Bronze Star with "V" Device. 

2.  The applicant states, in effect, that the awards are not shown due to an administrative oversight.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)), dated 19 May 1971; a copy of a certificate, dated 13 February 1970, awarding him the Bronze Star; and a copy of General Orders Number 2282, dated 13 February 1970, awarding him the Bronze Star with "V" Device, 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 records show that he enlisted in the Regular Army on 20 May 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  The highest rank he attained during his military service was specialist five/E-5.  He was honorably discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 19 May 1971.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 12 May 1969 through 11 May 1970.  He was assigned as a medical specialist to the 1st Battalion, 12th Cavalry, 1st Cavalry Division.

4.  Headquarters, 1st Air Cavalry Division, Special Orders Number 294, dated 21 October 1969; show the applicant was awarded the Combat Medical Badge.

5.  Headquarters, 1st Air Cavalry Division, Special Orders Number 2282, dated 13 February 1970; show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with ground combat operations against a hostile force in the Republic of Vietnam on 7 December 1969.

6.  Headquarters, 1st Air Cavalry Division, Special Orders Number 4569, dated 28 March 1970; show the applicant was awarded the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam from May 1969 to May 1970.

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

8.  Headquarters, 1st Air Cavalry Division, Special Orders Number 8089, dated 30 June 1969; show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 27 June 1969.

9.  Headquarters, 1st Air Cavalry Division, Special Orders Number 473, dated 7 January 1970; show the applicant was awarded the Purple Heart (1st Oak Leaf Cluster) for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 7 December 1969.

10.  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 Number 11, dated 1973.

11.  Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal-First Class based on Department of the Army General Orders Number 42, dated 1972.

12.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, Special Orders Number 179, dated 28 June 1968; show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 25 June 1968.

13.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the TET 69 Counteroffensive, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970 campaigns during his tour of duty in 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.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

16.  Army Regulation 672-5-1, in effect at the time, provides that the 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.

17.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Combat Medical Badge and the Bronze Star with "V" Device.

2.  Special Orders show the applicant was awarded the Bronze Star Medal with "V" Device and the Combat Medical Badge that are not shown on his records.  Therefore, he is entitled to correction of his records to show award of the Bronze Star Medal with "V" Device and the Combat Medical Badge.
3.  Special Orders show that the applicant was awarded two awards of the Purple Heart that are not shown on his records.  Therefore, he is entitled to correction of his records to show award of the Purple Heart (1st Oak Leaf Cluster)

4.  General Orders show that the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class that are not shown on his records.  Therefore he is entitled to correction of his records to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class.

5.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his records to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

7.  Evidence of record confirms that the applicant served honorably during the period 20 May 1968 through 19 May 1971.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

8.  Evidence of record shows that the applicant served a qualifying period for two awards of the Overseas Service Bar.  Therefore, he is entitled to correction of his records to show two Overseas Service Bars. 

BOARD VOTE:

__rtd___  __jrm___  __jlp___  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 Bronze Star Medal, and the Vietnam Service Medal;

b. adding the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 20 May 1968 to 19 May 1971; and

	c.  adding the Bronze Star Medal with "V" Device, the Combat Medical Badge, the Purple Heart (1st Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Badge-First Class, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), two Overseas Service Bars, and the Vietnam Service Medal with three bronze service stars.



							Richard T. Dunbar
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR20070011570
SUFFIX

RECON

DATE BOARDED
20071220
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.