RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070013154 


	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. David K. Haasenritter

Chairperson

Mr. James R. 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 award of the Bronze Star Medal, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Award.

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 misplaced due to an administrative oversight.  He further adds that he should have received the Good Conduct Medal and other awards for his service in the Republic of Vietnam but personnel turnover at the time of his discharge prevented that from taking place. 

3.  The applicant provided the following additional documentary evidence in support of his applications:

	a. Headquarters, 63rd Maintenance Battalion (Direct Support), Operational Report, dated 29 July 1970.

	b.  Certificate of Appreciation, dated 24 November 1970.

	c.  Self-authored statement, dated 14 September 2007.

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 Bronze Star Medal.  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 Bronze Star Medal 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 Bronze Star Medal 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 6 January 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).  The highest grade he attained during his military service was specialist five (SP5)/E-5.  He was honorably released from active duty and transferred to U.S. Army Reserve Control Group (Reinforcement) on 24 November 1970. 

4.  The applicant's records further show that he served in the Republic of Vietnam during the period 1 January 1970 to 24 November 1970.  He was assigned to the 57th Transportation Company, 63rd Maintenance Battalion, 26th Support Group. 

5.  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, the Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and one Overseas Service Bar.  

6.  Item 24 does not show award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, or the Meritorious Unit Award.

7.  The applicant’s records do not contain orders awarding him the Good Conduct Medal.

8.  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.








9.  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.

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 8, dated 1974.

11.  Department of the Army Pamphlet 672-3 shows the 57th Transportation Company was awarded the Meritorious Unit Commendation during the period 1 November 1968 to 31 January 1970, based on Department of the Army General Orders Number 51, dated 1970.

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

13.  Headquarters, U.S. Army Training Center, Infantry and Fort Dix, Fort Dix, New Jersey, Special Orders Number 62, dated 3 March 1969; show that the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar on 18 February 1969.

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

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Winter-Spring 1970, the 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.




DISCUSSION AND CONCLUSIONS:

1.  Evidence of record confirms that the applicant served honorably during the period 6 January 1969 to 24 November 1970.  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 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).

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 shows that 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 his Vietnam Service Medal.

5.  Special Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar that is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__dkh___  __jrh___  __eem___  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 6 January 1969 to 24 November 1970; and 

	b.  showing award of the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, the Expert Marksmanship Qualification Badge with Grenade Bar, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




						David K. Haasenritter
______________________
          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.