RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070018692 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 8 May 1970 to show award of the Bronze Star Medal.

2.  The applicant states, in effect, that the above award was omitted from his DD Form 214 at the time of his discharge.

3.  The applicant provides his DD Form 214 and Headquarters, Americal Division General Orders Number 9169, dated 7 September 1969.

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 9 May 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to the U.S. Army Vietnam Dog Training Detachment on or about 16 October 1968.  He was reassigned to the 63rd Infantry Platoon, Americal Division on or about 17 November 1968. 

4.  Headquarters, Americal Division General Orders Number 9169, dated 
7 September 1969, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force.

5.  He departed Vietnam on or about 9 July 1969 after being credited with participating in three campaigns. 


6.  On 8 May 1970, the applicant was honorably released from active duty in the rank of Sergeant/E-5 after completing 2 years of creditable active service with no time lost.  

7.  A DD Form 214 with the period ending 8 May 1970 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge (Rifle), the Combat Infantryman Badge, and the Purple Heart.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

9.  Army Regulation 672-5-1 (Military Awards), 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.

10.  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 63rd Infantry Platoon, it was cited for award of the Meritorious Unit Commendation during the period 15 March 1968 through 31 August 1969 based on Headquarters, Department of the Army General Orders Number 53, dated 1970.

11.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.





12.  Army Regulation 600-8-22 9Military Awards) provides, in pertinent part, for 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.  Evidence of record shows that the applicant was awarded the Bronze Star Medal for meritorious service.  His DD Form 214 should be amended to add this award.

2.  The applicant was separated in the rank of Sergeant with 2 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 9 May 1968 through 8 May 1970.

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant was assigned to a unit during a period of time this unit was awarded the Meritorious Unit Commendation.  His participation in three campaigns makes him eligible to wear three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

__ENA __  __PBF__  __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:

	a.  by awarding him the Army Good Conduct Medal (1st Award) for the period 9 May 1968 through 8 May 1970 ; and

	b.  by amending his DD Form 214 to add the Bronze Star Medal, the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.




						___ Eric N. Andersen _
          							CHAIRPERSON