RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070012854 


	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. James E. Vick

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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 award of the Bronze Star Medal and, in effect, any other awards he is entitled to for his service in the Republic of Vietnam.

2.  The applicant states that he was recommended for award of the Bronze Star Medal during his service in the Republic of Vietnam, but the recommendation paperwork was not submitted correctly. 

3.  The applicant provides a self-authored letter, dated 6 September 2007; and a witness statement, dated 7 July 2007, 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 requests award of the BSM.  However, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirms he is entitled to this award.  In the absence of authority for this award, he may request award of the BSM under the provisions of Section 1130 of Title 10 of the United States Code (10 USC 1130).  The applicant has been notified by separate correspondence of the procedures for applying for this award under 10 USC 1130.  As a result, his request for award of the BSM will not be discussed further in this Record of Proceedings.

3.  The applicant's records show that he was inducted into the Army of the United States on 9 January 1969 and held military occupational specialty (MOS) 62E (Tractor Operator).  He served in the Republic of Vietnam during the period 8 June 1969 through 13 August 1970 and was assigned to the 71st Ordnance 


Company.  The highest grade he attained during his military service was specialist four (SP4)/E-4.  He was honorably released from active duty and transferred to U.S. Army Reserve Control Group (Annual Training) on 15 August 1970. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

5.  A review of the applicant’s records indicates entitlement to additional awards that are not shown on his DD Form 214.

6.  Headquarters, U.S. Army Support Command, Saigon, General Orders Number 1136, dated 5 August 1970, show that the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from June 1960 to August 1970.

7.  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 8, dated 1974.

8.  Department of the Army Pamphlet 672-3 shows the 71st Ordnance Company was awarded the Meritorious Unit Commendation during the period 1 January 1969 through 30 September 1970 based on Department of the Army General Orders Number 50, dated 1971.

9.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive Phase VI; Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall 1969; Vietnam Winter-Spring 1970; DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive Phase VII 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.  A silver service star is authorized in lieu of five bronze service stars.

11.  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.

12.  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.

13.  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.

14.  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.  General Orders show the applicant was awarded the Army Commendation Medal that is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

2.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows that the applicant was assigned to a unit that was awarded the Meritorious Unit Commendation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence of record confirms that the applicant served honorably during the period 9 January 1969 to 15 August 1970.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the second award of the Good Conduct Medal based on completion of qualifying service ending with the 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 (1st Award).

5.  Evidence of record shows that the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in six campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star and one bronze service star to be affixed to his Vietnam Service Medal.

6.  Evidence of record shows that the applicant served 18 months in the Republic of Vietnam.  Therefore, he is entitled to award of three overseas service bars and correction of his records to show this award.  

BOARD VOTE:

__jev___  __tmr___  __jcr___  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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 January 1969 to 15 August 1970; and 




	b.  showing award of the Good Conduct Medal (1st Award), the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, three Overseas Service Bars, and one silver and one bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



							James E. Vick
	______________________
          		CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.