RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070016493 


	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:


M

Chairperson

M

Member

M

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 award of the Medal of Honor.

2.  The applicant states that he more than exceeded the criteria for award of the Medal of Honor and that at least two of his decorations show that he went above and beyond the call of duty during his service in the Republic of Vietnam as well as saving numerous lives.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 15 July 1970.

	b.  Letter, dated 20 February 1975, The Adjutant General, Washington D.C., responding to the applicant's brother regarding award of the Medal of Honor.

	c.  Headquarters, 44th Medical Brigade, General Orders Number 12, dated 6 January 1969, award of the Purple Heart.

	d.  Headquarters, United States Army Vietnam, General Orders Number 3008, dated 7 August 1969, award of the Distinguished Flying Cross.

	e.  Headquarters, 44th Medical Brigade, General Orders Number 95, dated 15 January 1970, award of the Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device.

	f.  Headquarters, United States Army Vietnam, General Orders Number 637, dated 9 March 1970, award of the Distinguished Flying Cross (1st Oak Leaf Cluster).

	g.  Headquarters, 44th Medical Brigade, General Orders Number 995, dated 14 October 1969, award of the Bronze Star Medal with "V" Device.

	h.  Headquarters, United States Army Vietnam, General Orders Number 2113, dated 15 June 1969, award of the Soldier's Medal.

	g.  Letter, dated 24 May 1971, Office of the Adjutant General, St. Louis, Missouri, eligibility for a foreign award.

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 requests award of the Medal of Honor.  However, there are no orders or other evidence in his records that confirms he is entitled to this award.  In the absence of authority for this award, he may request award of the Medal of Honor under the provisions of Section 1130 of Title 10 of the United States Code (10 USC 1130).  The applicant has been notified by separate correspondence of the procedures for applying for this award under 10 USC 1130.  As a result, his request for award of the Medal of Honor will not be discussed further in this Record of Proceedings.

3.  The applicant's records show that he enlisted in the Regular Army for a period of 3 years on 8 December 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67Y (Helicopter Repairer).  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 15 July 1970.

4.  The applicant’s records also show that he served in the Republic of Vietnam from 28 July 1968 to 27 April 1969.  He was assigned to the 159th Medical Detachment, 44th Medical Brigade, as a Helicopter Chief Crewman.  

5.  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 National Defense Service Medal, two Overseas Service Bars, the Distinguished Flying Cross (1st Oak Leaf Cluster), the Vietnam Service Medal, the Purple Heart, the Air Medal, the Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device, the Republic of Vietnam Campaign Medal, the Soldier's Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).

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

7.  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.

8.  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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 159th Medical Detachment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 26 October 1968 to 30 September 1970, based on Department of the Army General Orders Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation during the period 25 October 1967 to 21 January 1970, based on the Department of the Army General Orders Number 51, dated 1971.

10.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phases V and VI, and the TET 69 Counteroffensive 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.

12.  Headquarters, United States Army Vietnam, Letter, dated 27 January 1970, shows that the applicant was authorized to accept and wear the Armed Forces Honor Medal-Second Class, which was presented to him by the Government of the Republic of Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record confirms that the applicant served honorably during the period 8 December 1967 through 15 July 1970.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the 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 award of the Good Conduct Medal.

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

3.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, record shows the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to awards of three bronze service stars to be affixed to the Vietnam Service Medal.

4.  Headquarters, United States Army Vietnam, Letter, shows that the applicant was awarded the Armed Forces Honor Medal-Second Class by the Government of the Republic of Vietnam and that he was authorized to accept and wear the medal in accordance with Army regulations.  Therefore, he is entitled to correction of his records to show this foreign award. 

BOARD VOTE:

__phm___  __jgh___  __ksj___  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 8 December 1967 to 15 July 1970; and

	b.  showing award of the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Armed Forces Honor Medal-Second Class, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



						PHM
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070016493



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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