RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070012203 


	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:


Mr. David K. Haasenritter 

Chairperson

Mr. James Hastie

Member

Mr. Edward E. Montgomery

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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Air Medal and the Army Commendation Medal.

2.  The applicant states, in effect, that because he was awarded these medals he should be authorized to wear them.  

3.  In support of his request, the applicant provides a copy of his DD Form 214, a copy of the citation awarding him the Army Commendation Medal and a certificate awarding him the Air 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.  The applicant’s record shows he was inducted into the Army of the United States on 28 September 1967.  The applicant successfully completed basic combat training and advanced individual training at Fort Polk, Louisiana.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.

3.  The applicant served in Vietnam from 15 March 1968 to 29 April 1969.  He continued to serve until he was released from active duty on 30 April 1969.  
4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Good Conduct Medal.  His DD Form 214 does not show any additional awards.

5.  General Orders Number 469, dated 28 January 1969, were issued by Headquarters, 1st Aviation Brigade, awarding the applicant the Air Medal, for meritorious achievement while participating in aerial flight, during the period 
1 March 1968 to 24 December 1968.

6.  General Orders Number 2963, dated 26 June 1969, were issued by Headquarters, 1st Aviation Brigade, awarding the applicant the Army Commendation Medal, for meritorious service in connection with military operations against a hostile force, for the period of April 1968 to April 1969.   

7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal; however, it does not show the silver service star to which he is entitled for his campaign participation.  The regulation provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.   

8.  Department of the Army Pamphlet 672-3 shows that the applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 21, dated 1969, while he was assigned to the unit.  This unit award is not shown on the applicant’s DD Form 214. 

9.  Item 41 (Awards and  Decorations), of the applicant’s DA Form 20, Enlisted Qualification Record, shows that he was entitled to two overseas service bars,   based on the time he served in Vietnam.  He is entitled to have these added to his DD Form 214.

10.  One overseas service bar is authorized for each 6-month period active Federal service as a member of a U.S. Service in Vietnam, from 1 July 1958 to 28 March 1973. The months of arrival to and departure from Vietnam are counted as whole months for credit toward the overseas service bar.  Periods of TDY service in Vietnam where credit is given for hostile fire pay for 1 month, also may be given credit for a corresponding month towards award of an overseas service bar. 



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Army Commendation Medal; therefore, he is entitled to have this award added to his DD Form 214.

2.  The evidence of record shows that the applicant was awarded the Air Medal; therefore, he is entitled to have this award added to his DD Form 214.  

3.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in five campaigns and he is therefore, entitled to one silver service star to be affixed to his already-awarded Vietnam Service Medal.  This award of a silver service star should also be added to applicant’s DD Form 214.  

4.  The applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show this unit award.

5.  The applicant served in Vietnam from 15 March 1968 through 29 April 1969.  Since both the month of arrival and the month of departure are counted in determining the number of overseas service stripes to award, the applicant is therefore entitled to award of two overseas service bars and to have these bars added to his DD Form 214.

BOARD VOTE:

___DH___  __JH___  __EM____  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 

showing that he was awarded the Army Commendation Medal; the Air Medal; the Vietnam Service Medal, with one silver service star; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and 2 Overseas Service Bars and to have these awards added to his DD Form 214.


 

_____David K. Haasenritter ______
          CHAIRPERSON




INDEX

CASE ID
AR20070012203
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080125
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.