RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2007
      DOCKET NUMBER:  AR20070002472


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 Report of Transfer or
Discharge (DD Form 214) to show the date that he was actually discharged
and all of his decorations.

2.  The applicant states that the date currently reflected on his DD Form
214 as his date of discharge is incorrect and all of his decorations are
not listed.

3.  The applicant provides in support of his application, a copy of a
certificate awarding him the Bronze Star Medal, a copy of a certificate
awarding him the Purple Heart; and a copy of a certificate awarding him the
Air Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on date 7 November 1969.  The application submitted in this
case is dated 12 February 2007.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army in Memphis, Tennessee, on
9 November 67 and he successfully completed his training as a light weapons
infantryman.  He was transferred to the Republic of Vietnam on 30 March
1968 and he was assigned to Company A, 2nd Battalion, 8th Cavalry Regiment,
1st Cavalry Division on 3 May 1968.

4.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase IV,
which extended from 2 April through 30 June 1968; and the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968.




5.  The applicant was transferred to the Continental United States on
3 February 1969 and upon his return, he was transferred to Ireland Army
Hospital.  He was assigned to Fort Knox, Kentucky, on 17 February 1969 and
he performed the duties of a drill sergeant.

6.  General Orders Number 3143 was published on 14 March 1969, awarding the
applicant the Bronze Star Medal for meritorious service, not involving
participation in aerial flight, in connection with military operations
against a hostile force in the Republic of Vietnam, for the period covering
April 1968 to April 1969.

7.  The applicant's records show that his conduct and efficiency ratings
were excellent while he was in the Army and there is no indication in his
records of any nonjudicial punishments or court-martial convictions.

8.  On 5 November 1969, Special Orders Number 223 was published releasing
the applicant from active duty (REFRAD) at the expiration of his term of
service, with an effective date of 7 November 1969.  The DD Form 214 that
he was furnished at the time of his REFRAD indicates that he was awarded
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the
Combat Infantryman Badge, the National Defense Service Medal, the Air
Medal, the Purple Heart, the Expert Marksmanship Qualification Badge with
Rifle Bar
(M-16); and the Marksman Marksmanship Qualification Badge with Machinegun
and Rifle Bar (M-60 & M-14).  However, his DD Form 214 fails to show that
he was awarded the Bronze Star Medal and it indicates that he was REFRAD on
7 November 1967.

9.  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.

10.  Department of the Army 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 Republic of Vietnam Gallantry
Cross with Palm


Unit Citation for the period 9 August 1965 through 19 May 1969, by
Department of the Army General Order (DAGO) Number 59, dated 1969 and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for
the period
1 January 1969 through 1 February 1970, by DAGO Number 42, dated 1972.

11.  Army Regulation 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.  The applicant is also authorized the Device 1960 for wear on his
Republic of Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  Errors were made during the preparation of the applicant's DD Form 214
which resulted in the incorrect date of discharge being reflected and the
omission of some of his service decorations.

2.  The applicant's DD Form 214 shows that he was inducted into the Army on
9 November 1967 and REFRAD on 7 November 1967.  This would constitute his
being REFRAD prior to his induction.  The applicant served on active duty
for 1 year, 11 months, and 29 days.  His service record, to include the
orders releasing him from active duty, clearly shows that he was REFRAD on
7 November 1969.  Therefore, it would be appropriate to amend his DD
Form 214 to reflect the correct date of his REFRAD.

3.  The Bronze Star Medal was erroneously omitted from his DD Form 214.
The evidence of record shows that General Orders Number 3143 was published
on 14 March 1969 awarding him the Bronze Star Medal and his DD Form 214
should be corrected to reflect this decoration.

4.  Additionally, in accordance with the applicable regulation and the
applicant's overall record of service, he should have been awarded the Army
Good Conduct Medal.  As previously stated, his conduct and efficiency
ratings were excellent while he was in the Army.  He met the criteria for
award of the Army Good Conduct Medal and in the interest of justice, it
would be appropriate to award him this decoration and his DD Form 214
accordingly.





5.  The available records also indicate the unit to which the applicant was
assigned 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.  He is also entitled to two Bronze Service Stars for wear on
his Vietnam Service Medal and the Device 1960 for wear on his Republic of
Vietnam Campaign Medal and these decorations should be included on his DD
Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 November 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 6 November 1972.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

__JM ___  ___RO __  __MF ___  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  publishing orders awarding him the Army Good Conduct Medal for the
period covering 9 November 1967 through 7 November 1969, while serving in
the rank of sergeant (E-5);


      b.  amending his DD Form 214 to show that he was awarded the Bronze
Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, two Bronze Service Stars for wear on his
Vietnam Service Medal, and the Device 1960 for wear on his Republic of
Vietnam Campaign Medal; and


      c.  amending his DD Form 214 to show the date of his release from
active duty as 7 November 1969.




                            ______ John Meixell__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002472                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  60                  |107.0097BSM                             |
|3.  146                 |107.0100/RVNGC W/PALM                   |
|4.  102                 |107.0056/AGCM                           |
|5.  189                 |110.0000/SEPARATION DOCUMENT            |
|6.                      |                                        |


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