RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2008
	DOCKET NUMBER:  AR20070013296 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Chester A. Damian

Member

Mr. Qawiy A. Sabree

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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the awards of the Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Presidential Unit Citation, and Expert Marksmanship Qualification Badge with Mortar Bar.

2.  The applicant states, in effect, his DD Form 214 has all the other awards that were awarded to him, but it does not have the awards of the Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Presidential Unit Citation, and Expert Marksmanship Qualification Badge with Mortar Bar.

3.  The applicant provides a copy of his DD Form 214; a Certificate of Award for the Bronze Star Medal; a Certificate of Award for the Army Commendation Medal; and Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) Special Orders Number 248 dated 5 September 1970.

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 military personnel record shows he was inducted into the Army of the United States on 26 February 1969.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  He served a tour with Headquarters and Headquarters Company (HHC), 
1st Battalion, 77th Armor, 1st Brigade, 5th Infantry Division (Mechanized) in the Republic of Vietnam during the period 14 September 1969 to 25 September 1970.
4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 29 September 1970 after serving 1 year, 7 months, and 4 days of Net Service This period.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, 2 Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  However, it does not show the awards of the Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Presidential Unit Citation, and Expert Marksmanship Qualification Badge with Mortar Bar.

7.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) General Orders Number 598 dated 28 April 1970 shows the applicant was awarded the Army Commendation Medal for meritorious achievement in connection with military operation against a hostile force during the period  
3 September 1969 to 2 February 1970.

8.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) General Orders Number 1397 dated 6 August 1970 shows the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operation against a hostile force during the period September 1969 to February 1970.

9.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) Special Orders Number 248 dated 5 September 1970 shows the applicant was awarded the Combat Infantryman Badge effective 26 August 1970.

10.  Headquarters, U.S. Army School/Training Center Special Orders Number 169 dated 24 July 1969 shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

13.  The applicant's military personnel record does not contain any Special Orders Number to show he was awarded the Expert Marksmanship Qualification Badge with Mortar Bar.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during the Vietnam War.  This document shows the unit, to which the applicant was assigned, 1st Battalion, 77th Armor, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 5, dated 1973.

15.  The applicant's record shows that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

16.  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 Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970); Sanctuary Counteroffensive  
(1 May 1970 to 30 June 1970); and Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Presidential Unit Citation, and Expert Marksmanship Qualification Badge with Mortar Bar.

2.  Orders show the applicant was awarded the Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is entitled to correction of his records to show these awards.
3.  Records show he is authorized the first award of the Army Good Conduct Medal for the period 26 February 1969 to 29 September 1970 based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows the applicant is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award. 

5.  Evidence shows the applicant was assigned to a unit that participated in four campaigns.  Therefore, he is entitled to correction of his records to show four bronze service stars to be affixed to his Vietnam Service Medal.

6.  There is no evidence that shows the applicant was authorized award of the Presidential Unit Citation and Expert Marksmanship Qualification Badge with Mortar Bar.  Therefore, he is not entitled to correction of his records to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JTM __  __CAD__  __QAS__   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 showing the awards of Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, Army Good Conduct Medal for the period 26 February  
1969 to 29 September 1970, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Pistol Bar, and four bronze service stars to be affixed to his Vietnam Service Medal.
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 Presidential Unit Citation and Expert Marksmanship Qualification Badge with Mortar Bar.  




___John T. Meixell    __
      CHAIRPERSON