RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  13 January 2004
	DOCKET NUMBER:  AR2003089756

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Lana E. McGlynn		Chairperson	
	Mr. Patrick H. McGann		Member	
	Mr. Roger W. Able		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 Army Commendation Medal and the Bronze Star Medal.

2.  The applicant states that he has the paperwork showing he was entitled to these awards and they were never put on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a statement dated 3 March 2003, an uncompleted document dated 28 October 1968, and his orders dated 4 November 1968 for the Army Commendation Medal.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of awards listed on his DD Form 214 dated 15 January 1969.  The application submitted in this case is dated 10 April 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 that he was inducted on 4 November 1966 and completed training as a light weapons infantryman in military occupational specialty 11B.  He served in Vietnam in two campaigns from December 1967 to September 1968 as a member of Company B, 3rd Battalion, 7th Infantry, 199th Infantry Brigade. 

4.  Entries on the applicant’s DD Form 214 do not show award of the Army Commendation Medal and the Bronze Star Medal.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards:  the National Defense Service Medal, the Vietnam Campaign Medal with 60/device, the Vietnam Service Medal, the Combat Infantryman Badge (1st Award), the Valorous Unit Award; and the Sharpshooter Badge (M-14).

5.  He was honorably separated on 15 January 1969, in pay grade E-5 and transferred to the Army Reserve.

6.  On 22 May 2001, the applicant's DD Form 214 was corrected to show award of the Purple Heart, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge.  He was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).

7.  The first document submitted by the applicant shows an uncompleted document with a date of 28 September 1968 with Bronze Star and the applicant's name typed on it.  The second document is a copy of General Orders Number 1347, dated 4 November 1968, showing award of the Army Commendation Medal to the applicant for meritorious service in Republic of Vietnam from October 1967 to October 1968.

8.  The applicant's service personnel records do not show orders for the Bronze Star Medal or the Army Commendation Medal.

9.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show that the applicant’s conduct and efficiency were rated as “excellent” throughout his service, that he was promoted on time, and that there is no indication of indiscipline in his records.

10.  Army Regulation 600-8-22 provides that the Bronze Star Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 also provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  

12.  Army Regulation 600-8-22 also 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.  After 

27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from October 1967 to October 1968 and his records should be corrected accordingly.

2.  The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award. There are no orders in the applicant’s service personnel records that show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal.  The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.  The document the applicant submitted is not an award order, is not signed, and its purpose can not be determined.

3.  Based on the evidence in this case, the applicant is entitled to correction to his records to show awards, which were omitted through administrative error at the time the applicant was separated from active duty.  He is also entitled to the first award of the Good Conduct Medal for the period 4 November 1966 through 15 January 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

BOARD VOTE:

__lm___  __pm____  __ra____  GRANT 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 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 that he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from October 1967 to October 1968 and the Good Conduct Medal for the period 4 November 1966 through 15 January 1969.

2.  The Board further determined that the evidence presented 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 the Bronze Star Medal.  

		___Lana E. McGlynn___
		        CHAIRPERSON

INDEX

CASE ID	AR2003089756	
SUFFIX		
RECON		
DATE BOARDED	20040113	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT-PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	107.14	
3.	107.20	
4.		
5.		
6.