RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20070016441 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal and the Army Commendation Medal with “V” Device.

2.  The applicant states that his DD Form 214 does not reflect the Air Medal he was awarded on 8 April 1972.  He states that there is no mention that he was given the Army Commendation Medal for heroism on 1 February 1972.  He also states that he has a wall certificate for the Army Commendation Medal but he does not have the medal.  

3.  The applicant provides copies of award certificates for the Army Commendation Medal, dated 21 March 1972 and the Air Medal, dated 8 April 1972.

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 was inducted into the Army on 24 March 1971.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).  He was assigned to Vietnam on 21 August 1971 with Headquarters and Headquarters Company, 1st Battalion (Airmobile), 7th Cavalry, 3rd Brigade, 1st Cavalry Division.  He was promoted to sergeant on 7 December 1971.

3.  He departed Vietnam on 27 February 1972 and he was credited with participation in the Consolidation I and the Consolidation II campaigns.


4.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1140, dated 8 April 1972, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam for the period 27 August 1971 to 23 February 1972.

5.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 900, dated 21 March 1972, awarded the applicant the Army Commendation Medal with “V” Device for heroism on 1 February 1972 in the Republic of Vietnam.  

6.  The applicant was honorably released from active duty on 21 April 1972.  He completed 1 year and 28 days of active military service with no days of lost time.

7.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, the Combat Infantryman Badge, and the Purple Heart as authorized awards.  

8.  His DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 1st Battalion, 7th Cavalry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 54, dated 1974.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.


DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Air Medal in April 1972.  Therefore, the Air Medal should be added to his DD Form 214.

2.  General orders show the applicant was awarded the Army Commendation Medal with “V” Device for heroism on 1 February 1972.  Therefore, this award should be added to his DD Form 214.  

3.  It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 24 March 1971 through 21 April 1972.

4.  The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, this foreign unit award should be added to his DD Form 214.

5.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, he received credit for participation in two campaigns during the Vietnam War.  Therefore, he is authorized to wear two bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

TK______  JP______  DT______  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 him the Army Good Conduct Medal for the period 24 March 1971 through 21 April 1972; and
      
      
      b.  adding the Air Medal, the Army Commendation Medal with “V” Device, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.




                           TK__________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070016441


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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