RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  04 April 2008
	DOCKET NUMBER:  AR20070016787 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Eric N. Anderson

Chairperson

Mr. Peter B. Fisher

Member

Mr. Jeffrey C. Redmann

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 that his records be corrected to show the awards of the Army Commendation Medal, Bronze Star Medal with "V" Device, Army Good Conduct Medal, and any additional medals he is authorized.

2.  The applicant states, in effect, that the awards of the Army Commendation Medal, Bronze Star Medal with "V" Device, Army Good Conduct Medal, and any additional medals he is authorized are not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 and Headquarters, 1st Infantry Division General Orders Number 329, dated 15 January 1968.

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 requested correction of his records to show award of the Bronze Star Medal with "V" Device.  There are no orders or other evidence to show that the applicant was authorized this award.  In the absence of authority for this award, the applicant may request award of the Bronze Star Medal with "V" Device under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 and, as a result, it will not be discussed further in this Records of Proceedings.

3.  The applicant's military personnel record shows he was inducted into the Army of the United States on 25 August 1966.  He completed the necessary training and was awarded the military occupational specialty (MOS) 13A (Field Artillery Basic).

4.  He served with B Battery, 1st Battalion, 7th Artillery, 1st Infantry Division during the period 16 February 1967 to 12 January 1968 in the Republic of Vietnam.

5.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 8 August 1968.  He completed 1 year, 11 months, and 14 days of net service this period.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and one Overseas Service Bar. However, it does not show the awards of the Army Commendation Medal or the Army Good Conduct Medal.

7.  Headquarters, 1st Infantry Division General Orders Number 329, dated  
15 January 1968 shows the applicant was awarded the Army Commendation Medal for meritorious service from January 1967 to January 1968.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during the Vietnam War.  This document shows the unit, to which the applicant was assigned, 1st Battalion, 7th Artillery, was cited for awards of the Meritorious Unit Commendation based on Department of the Army General Order Number 17, dated 1969; Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 53, dated 1970.

10.  The applicant's records show that he was awarded the Vietnam Service Medal; however, his DD Form 214 does not show any bronze service stars indicating campaign credit.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam counteroffensive, Phase II (1 July 1966 to 31 May 1967) and the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Commendation Medal, Army Good Conduct Medal, and any additional medals he is authorized.

2.  Orders show that the applicant was awarded the Army Commendation Medal. Therefore, he is entitled to correction of his records to show this award.

3.  Records show he is authorized the first award of the Army Good Conduct Medal for the period 25 August 1966 to 8 August 1968 based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows the applicant is authorized awards of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

5.  Evidence shows the applicant was assigned to a unit that participated in two campaigns.  Therefore, he is entitled to correction of his records to show two bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

__PBF __  __ENA__  __JCR___   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 the awards of the Army Commendation Medal, Army Good Conduct Medal for the period 25 August 1966 to 8 August 1968, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




___    Eric N. Andersen___
          CHAIRPERSON