RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20070017518 


	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 award of the Bronze Star Medal and correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of two Army Commendation Medals.

2.  The applicant states that his comrade and he were in the same combat action.  His comrade received the Bronze Star Medal but he did not receive it.  He feels that he also should have received the Bronze Star Medal.  The applicant further states that he was awarded two Army Commendation Medals while in the Republic of Vietnam but only one is listed on his DD Form 214.    

3.  The applicant provides copies of his DD Form 214, citation and award certificate for award of the Army Commendation Medal with Oak Leaf Cluster, and a statement from his comrade who was awarded the Bronze Star Medal.

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 correction of his records to show award of the Bronze Star Medal.  There are no orders or other evidence authorizing award of the Bronze Star Medal to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal 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 decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

3.  On 13 July 1970, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11C (Infantry Indirect Fire).
4.  Special Orders Number 245, United States Army Training Center and Fort Campbell, Kentucky, dated 3 September 1970, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Special Orders Number 297, United States Army Training Center, Infantry and Fort Polk, Louisiana, dated 30 October 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Pistol and Mortar Bars.

6.  Special Orders Number 310, United States Army Training Center, Infantry and Fort Polk, Louisiana, dated 12 November 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

7.  On 16 January 1971, the applicant was assigned for duty as a gunner with the 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade, 23rd Infantry Division, in the Republic of Vietnam.

8.  On 10 May 1971, the applicant was promoted to specialist four, pay 
grade E-4.

9.  General Orders Number 11621, 23rd Infantry Division, dated 10 October 1971, awarded the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force during the period from 1 February to 31 July 1971.

10.  General Orders Number 00168, 196 Infantry Brigade, dated 14 December 1971, awarded the applicant the Army Commendation Medal, First Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force during the period from 8 January 1971 to 7 January 1972.

11.  On 27 January 1972, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had completed 1 year, 6 months, and 15 days of creditable active duty service.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Purple Heart, Army Commendation Medal, Combat Infantryman Badge, Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with "1960-" Device.  It does not show an Oak Leaf Cluster on his Army Commendation Medal to indicate two awards or any marksmanship badges.
13.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

15.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  

16.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase VII; the Consolidation I; and the Consolidation II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 21st Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 6, dated 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded two Army Commendation Medals.  Therefore, his records should be corrected to show award of the Army Commendation Medal with an Oak Leaf Cluster.



2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

4.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

5.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Pistol and Mortar Bars; the Sharpshooter Marksmanship Qualification Badge with Grenade Bar; and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show these awards.

BOARD VOTE:

__ x __  __x__  __x  _  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 from 
13 July 1970 to 27 January 1972; and
      
      
      
      
      b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include an Oak Leaf Cluster to be affixed to his already awarded Army Commendation Medal, Army Good Conduct Medal, two bronze service stars to be affixed to his already awarded Vietnam Service Medal with one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Pistol and Mortar Bars, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
      




      _______ x ________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070017518



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