RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 FEBRUARY 2004                  
	DOCKET NUMBER:   AR2003091006

	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.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Robert L. Duecaster		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 Silver Star.

2.  The applicant states that he is entitled to award of the Silver Star because of his combat experience and his actions in the handling of misfired and explosive [ammunition] rounds.

3.  The applicant provides a copy of a 4 February 1970 letter from his battalion commander to the applicant's mother, a copy of a 25 February 2002 statement from a former comrade, a copy of his DD Form 214 (Report of Transfer or Discharge), and a 1 March 2002 self-authored statement.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error or injustice which occurred on   1 March 1970.  The application submitted in this case is dated 13 May 2003.  

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 limitation 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 requested correction of his records to show award of the Silver Star.  There are no orders or other evidence authorizing award of this decoration. In the absence of a proper award authority for this decoration, the applicant may request award of the Silver Star 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 the Record of Proceedings.

4.  The applicant's DD Form 214 shows that he entered on active duty on 28 July 1967, served 1 year, 10 months, and 29 days overseas, and was released from active duty on 1 March 1970 in the rank of Specialist Five, grade E-5.  His last duty assignment prior to his separation was with Headquarters and Headquarters Company (HHC), 2nd Battalion, 34th Armor, in Vietnam.  His DD Form 214 shows award of the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, and the Bronze Star Medal.   

5.  On 4 February 1970 the applicant's battalion commander, in a letter to his mother, informed her that her son was performing his duty in an excellent manner and was a distinct asset to his unit.

6.  In a 25 February 2002 statement, a former Soldier stated that he was assigned to the 34th Armor tank platoon, and that the ammunition for the 90mm guns on the tanks was old and unreliable, resulting in many dangerous misfires.

7.  In a 1 March 2002 statement the applicant indicated that he was 100 percent disabled because of posttraumatic stress disorder.  He described his experiences while in Vietnam, to include the many misfires of the 90mm cannon on the tanks, stating that the ammunition was old and unreliable, and that they were in constant danger of the ammunition exploding.    

8.  The Unit Citation and Campaign Participation Credit Register shows that HHC, 2nd Battalion, 34th Armor, was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions while the applicant was assigned to that unit.   

9.  The Army 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant's service in Vietnam was commendable as shown by the award of the Bronze Star Medal and the Army Commendation Medal.  He was released from active duty in pay grade E-5.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal. 

2.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.    
BOARD VOTE:

__RJW__  __MHM__  __RLD __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 showing award of the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

		__Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2003091006	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040219	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.