RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070015425 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr, Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallager

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Army Good Conduct Medal.

2.  The applicant states that the Army Good Conduct Medal was omitted from his DD Form 214 due to a clerical error.

3.  The applicant provides copies of his DD Form 214 and orders awarding him the Army Good Conduct 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.  On 10 April 1970, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 36C2O (Lineman).

3.  Special Orders Number 158, United States Army Training Center, Infantry, Fort Dix, New Jersey, dated 7 June 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16].

4.  Special Orders Number 216, United States Army Training Center Engineer, Fort Leonard Wood, Missouri, dated 4 August 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar [M-14].

5.  On 18 February 1971, the applicant was assigned for duty with the 69th Engineer Battalion (Construction), in the Republic of Vietnam.

6.  On 5 November 1971, the applicant was reassigned to the 60th Engineer Battalion. 

7.  General Orders Number 33, 31st Engineer Battalion, dated 17 December 1971, awarded the applicant the Army Good Conduct Medal for the period from 10 April 1970 through his date of separation on or about 30 December 1971.

8.  On 22 December 1971, the applicant returned to the United States and was subsequently released from active duty and transferred to the United States Army Reserve on 28 December 1971.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 8 months and 19 days of creditable active duty.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with "1960-"Device.  It does not show award of the Army Good Conduct Medal or any marksmanship qualification badges.

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

11.  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 following three campaign periods: the Vietnam Counteroffensive, Phase VII; the Consolidation I; and the Consolidation II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

12.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded the Army Good Conduct Medal.  Therefore, his records should be corrected to show this award.

2.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

3.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle [M-14] and Grenade Bars.  Therefore, his records should be corrected to show this award.

4.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar.  Therefore, his records should be corrected to show this award.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

BOARD VOTE:

 RTD ___  __DRG__  __MJNT _  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, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, three bronze service stars to be affixed to his already awarded Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



___   Richard T. Dunbar  ____
          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.