RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 February 2004
	DOCKET NUMBER:   AR2003089015

	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	
	Ms. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Karen A. Heinz		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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Bronze Star Medal (BSM).

2.  The applicant states that his DD Form 214 does not reflect his award of the BSM that was awarded to him during his Vietnam service.

3.  The applicant provides a copy of his DD Form 214 for the period ending 18 April 1972.

4.  The applicant provides a copy of a certificate of appreciation for his service in the Armed Forces of the United States from 7 October 1970 to 18 April 1972.  

5.  The applicant also provides a copy of a Bronze Star Medal Certificate awarding him the BSM for meritorious achievement in ground operations against hostile forces.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 18 April 1972.  The application submitted in this case is dated 28 March 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's military records show he was inducted into the Army of the United States on 7 October 1970 for a period of 2 years.  He completed training in military occupational specialty (MOS) 13B (Field Artillery Crewmember) and was assigned to Vietnam as his first permanent duty station.  

4.  The applicant served in Vietnam with C Battery, 2nd Battalion, 94th Artillery from 30 August 1971 to 18 April 1972.  His period of service was without any incidents of misconduct and his efficiency and conduct ratings were excellent.

5.  The applicant was honorably released from active duty on 18 April 1972 under the Phasedown Release Programs and transferred to the United States Army Reserve.  He was credited with 1 year, 6 months, and 12 days of active military 
service.  His DD Form 214 shows the following awards and decorations:  the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with 60 Device.

6.  The applicant provided a BSM Certificate, dated 30 March 1972, awarding him the BSM for meritorious achievement in ground operations against hostile forces during the period 30 August 1971 to 16 April 1972.  The document is signed by Brigadier General (BG) Joseph C. McDonough.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

8.  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 the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross Unit Citation with Palm for the period 30 August 1971 to 16 April 1972 by Department of the Army General Order Number 8, dated 1974.  

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes 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.  The applicant is entitled to one Bronze Service Star based upon his period of service in Vietnam.

10.  Army Regulation 600-8-22 (Military Awards) 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.  The applicant had no disqualifications.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence in this case, the applicant is entitled to correction of his records to show awards which were omitted through administrative error at the time the applicant was separated from active duty.

2.  While orders awarding the applicant the BSM are not a matter of record, the BSM Certificate provided by him has been reviewed and deemed authentic.  BG Joseph C. McDonough was the Commanding General of the 196th Light Infantry Brigade during the time period of the BSM Certificate.  The applicant's artillery unit supported the 196th Light Infantry Brigade during the same time period and BG McDonough was authorized to issue the award.

3.  The evidence of record shows the applicant is entitled to one Bronze Service Star for wear on his Vietnam Service Medal, the Good Conduct Medal for the period 7 October 1970 to 18 April 1972 for his exemplary period of service, and the Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

__fne___  __jpi___  __kah___  GRANT 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 showing the award of the Bronze Star Medal, the Good Conduct Medal for the period 7 October 1970 to 18 April 1972 for his exemplary period of service, one Bronze Service Star for wear on his Vietnam Service Medal, and the Vietnam Gallantry Cross Unit Citation with Palm.

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003089015	
SUFFIX		
RECON		
DATE BOARDED	20040205	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.