RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 March 2008
	DOCKET NUMBER:  AR20070016280 


	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. Anderholm

Chairperson

Mr. William D. Powers

Member

Mr. Jerome L. Pionk

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 records to show award of the Air Medal, the Combat Infantryman Badge, the Army Commendation Medal with "V" Device, and all other awards and decorations due to him. 

2.  The applicant states, in effect, that his awards and decorations were left off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), due to an administrative oversight.

3.  The applicant provides a copy of his DD Form 214, dated 19 March 1970, and a copy of Headquarters, 4th Infantry Division, General Orders Number 6835, dated 10 November 1969, awarding him the Army Commendation Medal with "V" Device, 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's records show that he enlisted in the Regular Army on 17 June 1968 for a period of 2 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest grade he attained during his military service was sergeant (SGT)/E-5.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 19 March 1970. 

3.  The applicant’s records show that he served in the Republic of Vietnam during the period 25 March 1969 to 17 March 1970.  He was assigned to Company E, 1st Battalion, 8th Infantry, 4th Infantry Division.


4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 19 March 1970, shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and two Overseas Service Bars.  Item 24 of his DD Form 214 does not list award of the Air Medal or the Army Commendation Medal with "V" Device.

5.  Headquarters, 4th Infantry Division, General Orders Number 238, dated 8 January 1970, show that the applicant was awarded the Air Medal for meritorious service while participating in aerial flight in the Republic of Vietnam.

6.  Headquarters, 4th Infantry Division, General Orders Number 761, dated 4 February 1970, show that the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from March 1969 to March 1970.

7.  Headquarters, 4th Infantry Division, Special Orders Number 191, dated 10 July 1969, show that the applicant was awarded the Combat Infantryman Badge during his service in the Republic of Vietnam.

8.  Headquarters, 4th Infantry Division, General Orders Number 6835, dated 10 November 1969, show that the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 9 August 1969.

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

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 3, dated 1970.

11.  Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal-First Class based on Department of the Army General Orders Number 53, dated 1970.



12.  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.

13.  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.

14.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET 69 Counteroffensive, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970 campaigns during his tour of duty in the Republic of 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.

16.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Air Medal, the Combat Infantryman Badge, the Army Commendation Medal with "V" Device, and all other awards and decorations due to him. 

2.  Special Orders show that the applicant was awarded the Combat Infantryman Badge and that it is shown on his DD Form 214, dated 19 March 1970.  Therefore, there is no further action required. 
3.  General Orders show that the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force and the Air Medal for meritorious service while participating in aerial flight, during his service in the Republic of Vietnam, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.

4.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.

5.  Evidence of record shows 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.

6.  Evidence of record confirms that the applicant served honorably during the period 17 July 1968 to 19 March 1970.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his 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 this award.

7.  Evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__jea___  __wdp___  __jlp___  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 17 June 1968 to 19 July 1970; and

	b.  showing award of the Good Conduct Medal (1st Award), the Army Commendation Medal with "V" Device, the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class, the National Defense Service Medal, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




						James E. Anderholm
______________________
          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.