RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070016006 


	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:


Ms. Shirley L. Powell

Chairperson

Ms. Yolanda Maldonado

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 all the medals that he has earned.

2.  The applicant states, in effect, that because he was awarded these medals they should be annotated on his DD Form 214.  

3.  In support of his request, the applicant provides a copy of his DD Form 214; a copy of General Orders Number 138, dated 23 April 1971, awarding him the Good Conduct Medal; Special Orders Number 228, dated 16 August 1970, awarding him the Combat Medical Badge; a copy of the certificate awarding him the Bronze Star Medal, dated 13 February 1971; a copy of the certificate awarding him the Army Commendation Medal, dated 6 December 1970; a copy of the certificate awarding him the Army Commendation Medal, 1st Oak Leaf Cluster, dated 13 February 1971; and a copy of the certificate awarding him the Air Medal, dated 6 December 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 record shows he was inducted into the Army of the United States on 8 August 1969.  The applicant successfully completed basic combat training at Fort Lewis, Washington, and advanced individual training at Fort Sam Houston, Texas.  On completion of his advanced training, he was awarded the military occupational specialty (MOS) 91B (Medical Specialist).

3.  The applicant served in Vietnam from 22 June 1970 to 9 May 1971.  The applicant was honorably released from active duty early as an overseas returnee on 10 May 1971.  
4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal.  His DD Form 214 does not show any additional awards.

5.  Special Orders Number 228, dated 16 August 1970, were issued by Headquarters, 1st Calvary Division (Airmobile), awarding the applicant the Combat Medical Badge, with an effective date of 1 August 1970.

6.  General Orders Number 21784, dated 17 December 1970, were issued by Headquarters, 1st Cavalry Division (Airmobile), awarding the applicant the Air Medal, for meritorious achievement while participating in aerial flight, in the Republic of Vietnam for the period  June 1970 to December 1970.

7.  General Orders Number 21165, dated 6 December 1970, were issued by Headquarters, 1st Cavalry Division (Airmobile), awarding the applicant the Army Commendation Medal, for meritorious achievement in connection with military operations against a hostile enemy force in the Republic of Vietnam, for the period August 1970 to November 1970.   

8.  General Orders Number 2878, dated 13 February 1971, were issued by Headquarters, 1st Calvary Division (Airmobile), awarding the applicant the Army Commendation Medal, 1st Oak Leaf Cluster, in connection with military operations against a hostile enemy force in the Republic of Vietnam, for the period 25 November 1970 to 25 January 1971.

9.  General Orders Number 2877, dated 13 February 1971, were issued by Headquarters, 1st Calvary Division (Airmobile), awarding the applicant the Bronze Star Medal, for the period June 1970 to March 1971.

10.  General Orders Number 138, dated 23 April 1971, were issued by Headquarters, US Army Medical Command, Vietnam, awarding the applicant the Good Conduct Medal, for the period 8 August 1969 to DOSOA (date of separation on or about) 21 June 1971.

11.  The applicant participated in two campaigns while serving in Vietnam: the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.

12.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal; however, it does not show the two bronze service stars 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.  The applicant participated in two campaigns while serving in Vietnam.   

13.  The applicant served in the following units while in Vietnam:  Headquarters and Headquarters Company, 5th Battalion, 7th Calvary Regiment, 1st Cavalry Division, U.S. Army Medical Command, Vietnam, and the 24th Evacuation Hospital.  These units were cited for several unit awards.  

14.  The Department of the Army Pamphlet 672-3 shows that the applicant’s unit Headquarters and Headquarters Company, 1st Cavalry Division, was cited for award of the Valorous Unit Award, by DAGO Number 43, dated 1972, for the period 1 May - 29 June 1970; the 5th Battalion, 7th Calvary Regiment, 1st Calvary Division, was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders, by DAGO Number 42, dated 1972, for the period 21 February 1970 through 28 February 1971; and the 24th Evacuation Hospital was cited for award of the Meritorious Unit Commendation, by DAGO Number 5, dated 1973, for the period 1 January through 31 December 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 6, dated 1974, for the period of 1 April 1969 through 30 November 1970.  These unit awards are not shown on the applicant’s DD Form 214. 

15.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20, Enlisted Qualification Record, shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); and the Expert  Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).  These awards are not shown on the applicant's DD Form 214. 

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.  

17.  Army Regulation 670-1, in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided 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.  One overseas service bar is authorized for each six-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.
18.  The applicant was in Vietnam from 22 June 1970 through 9 May 1971, therefore he is entitled to two overseas service bars. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded, the Air Medal, the Army Commendation Medal, with 1st Oak Leaf Cluster, the Combat Medical Badge, the Bronze Star Medal and the Good Conduct Medal.  Therefore, he is entitled to have these awards added to his DD Form 214.

2.  The applicant received the Vietnam Service Medal.  However, he did not receive the two bronze service stars to which he is entitled for his campaign participation.  He is therefore, entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  This award of two bronze service stars should also be added to his DD Form 214.  

3.  The units to which the applicant was assigned were each cited for unit awards.  The applicant is entitled to these unit awards since he was a member of the unit at the time the unit was cited for the award.  He is therefore entitled to be awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the  Meritorious Unit Commendation; and the Valorous Unit Award.  He is, therefore entitled to correction of his records to show these unit awards.

4.  The applicant’s Enlisted Qualification Record, shows that he was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle); and the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16 Rifle).  He is, therefore entitled to correction of his records to show these awards.

5.  The applicant served in Vietnam from 22 June 1970 through 10 May 1971.  Since both the month of his arrival and the month of his departure from Vietnam are counted in determining the number of overseas service bars 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:

___Em  _  __YM               SP       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.  showing that he was awarded the Air Medal; the Army Commendation Medal, with 1st Oak Leaf Cluster; the Combat Medical Badge; the Bronze Star Medal; the Good Conduct Medal; and the Vietnam Service Medal, with two bronze service stars;

b.  by awarding the applicant  the Meritorious Unit Commendation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and 2 Overseas Service Bars; and by adding these awards added to his DD Form 214; and  

c.  by adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) to his DD Form 214.




	______Shirley L. Powell____
          		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.