RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	17 April 2008  
	DOCKET NUMBER:  AR20070018316 


	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.


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	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, in effect, that the Army Commendation Medal with oak leaf cluster, be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was awarded two Army Commendation Medals, but only one is shown on his DD Form 214; that he served for 366 days in Vietnam and according to regulation, he should have been awarded three bronze service stars - one for each six months (or partial) period; and that his Good Conduct Medal is not listed on his DD Form 214.

3.  The applicant submits a copy of his DD Form 214 and a copy of two general orders which award him the Army Commendation 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’s records show that he enlisted in the Army Reserve, Delayed Entry Program, on 10 November 1969.  The applicant enlisted in the Regular Army on 13 January 1970.  He completed basic combat training at Fort Campbell, Kentucky and his advanced individual training at Fort Rucker, Alabama.  After completing all required training, he was awarded the military occupational specialty (MOS) 35M (Avionic Navigation Equipment Repairer).

3.  The applicant served in Vietnam from 11 October 1970 through 2 October 1971, with the 317th Maintenance Company (General Support), 1st Aviation Brigade.

4.  The applicant was honorably released from active duty, on 12 January 1973, under the provisions of Army Regulation 635-200, Chapter 2, Section VI, at the expiration of his term of service.  He was released from active duty in the rank and pay grade of Specialist Five, E-5.  On the date he was released from active duty, he had completed 3 years net active service, with no time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  Army Commendation Medal; the Vietnam Service Medal, with two bronze service stars; the Republic of Vietnam Campaign Medal; the Expert Marksmanship Qualification Badge with Grenade Bar (M-79 Grenade Launcher); and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The Army Commendation Medal is shown; however, only one award of the Army Commendation Medal is shown on his DD Form 214.  The applicant states correctly that his Good Conduct Medal is not shown on his DD Form 214.  There is no evidence in his service personnel records, and the applicant provided none to show, he was awarded the Good Conduct Medal while he served on active duty.

6.  The applicant was awarded the Army Commendation Medal, for meritorious achievement in connection with military operations against a hostile force, for the period 1 November 1970 to 2 March 1971, by General Orders Number 2703, published by Headquarters, 1st Aviation Brigade, on 30 March 1971.

7.  The applicant was also awarded a second Army Commendation Medal, in effect, the Army Commendation Medal, with oak leaf cluster, for meritorious service in connection with military operations against a hostile force, for the period October 1970 to September 1971, by General Orders Number 6757, published by Headquarters, 1st Aviation Brigade, on 12 October 1971.

8.  Item 38 (Record of Assignments), of the applicant's DA Form 20, Enlisted Qualification Record, shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal, with two bronze service stars.  The applicant contends this is incorrect; however, he based this contention on the criteria for award of overseas service bars, albeit his information is incorrect.

10.  While in Vietnam, the applicant participated in the following two campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971; and the Consolidation I, which extended from 1 July through 30 November 1971.  The applicant is only entitled to the two already-awarded bronze service stars which are shown on his DD Form 214 in conjunction with his Vietnam Service Medal.

11.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), shows the applicant earned the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16 Rifle], on 1 September 1971.  This marksmanship qualification badge is not shown on his DD Form 214.

12.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Meritorious Unit Commendation, for the period 1 February 1970 through 31 July 1971, by Department of the Army General Order (DAGO) Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January through 31 December 1971, by DAGO 32, dated 1973.  These unit awards are not shown on his DD Form 214.

13.  DA Pamphlet 672-3 also shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is also not shown on his DD Form 214.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

15.  Army Regulation 672-5-1, in effect at the time of the applicant's separation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  To be eligible for award of the Good 

Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

16.  Army Regulation 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

17. Army Regulation 670-1, in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  One overseas service bar is authorized for each six-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

18.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded two Army Commendation Medals while he served in Vietnam.  One was awarded for meritorious achievement and one was awarded for meritorious service.  Only one Army Commendation Medal is shown on his DD Form 214.  The applicant is entitled to have both Army Commendation Medals shown on his DD Form 214.  The Army Commendation Medal should be added to the applicant's DD Form 214 as the Army Commendation Medal, with oak leaf cluster.

2.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more 
as a result of administrative oversight rather than something he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 13 January 1970 through 12 January 1973.

3.  The applicant served in two campaigns while he served in Vietnam.  The Vietnam Service Medal, with two bronze service stars, is correctly shown on his DD Form 214.  The applicant is not entitled to award of an additional bronze service star based on the criteria he presented.

4.  The applicant served in a unit, which was awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.

5.  The applicant's earned the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.  This marksmanship qualification badge is not shown on his DD Form 214.  He is entitled to have this marksmanship qualification badge added to his DD Form 214.

6.  The applicant served in Vietnam for a period of 1 year and 1 day.  He is therefore entitled to award of two overseas service bars and to have these bars added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  _x____  ___x_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Army Commendation Medal from the applicant's DD Form 214 and adding the Army Commendation Medal with oak leaf cluster in its place;

	b.  awarding the applicant the Good Conduct Medal for the period 13 January 1970 through 12 January 1973 and adding this award to his DD Form 214;

	c.  awarding the applicant the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and adding these unit awards to his DD Form 214;

	d.  awarding the applicant two overseas service bars and adding these two overseas service bars to his DD Form 214 to denote his service in Vietnam of 1 year and 1 day; and

	e.  adding the already-awarded Expert Marksmanship Qualification Badge with Automatic Rifle Bar, to his DD Form 214.
	
2.  The Board further determined that the argument presented by the applicant is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of a third bronze service star to be affixed to the applicant's Vietnam Service Medal based on his criteria for awarding of bronze service stars.




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          		CHAIRPERSON