RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 February 2004                   
	DOCKET NUMBER:   AR2003090189

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Lawrence Foster		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM) with "V" Device, Good Conduct Medal (GCMDL), and the Expert Marksmanship Qualification Badge, M-16.

2.  The applicant states no contentions.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 15 October 1968.  The application submitted in this case is dated 14 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 requested correction of his records to show award of the Bronze Star Medal with "V" Device.  There are no orders or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal with "V" Device 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 this Record of Proceedings.

4.  The applicant was inducted into the Army of the United States on 16 March 1967.  He was school trained in military occupational specialty (MOS) 91B, Medical Specialist.  He was assigned to Vietnam on 20 August 1967.  On 1 September 1967, he was assigned to B Company, 4th Medical Battalion, 4th Infantry Division.  Initially, he performed duties associated with his MOS.  On 21 February 1968, he was assigned to duties as a light truck driver.

5.  The applicant participated in:  the Vietnam Counteroffensive, Phase III; Tet Counteroffensive; Vietnam Counteroffensive, Phase IV; and Vietnam Counteroffensive, Phase V campaigns.

6.  On 3 October 1968, the applicant returned to the United States and he was assigned to Fort Lewis, Washington for separation processing.  

7.  On 15 October 1968, the applicant was honorably separated.  His DD Form 214 shows that he was awarded the Vietnam Campaign Medal, Vietnam Service Medal, two Overseas Service Bars, the Combat Medical Badge (CMB), and the Expert Marksmanship Qualification Badge, M-14 Rifle.

8.  There is also no evidence the applicant was awarded the Expert Marksmanship Qualification Badge, M-16.

9.  The applicant's record contains no evidence of derogatory information, nor is there any evidence to show his unit commander disqualified him for award of the GCMDL. 

10.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the GCMDL, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides that the GCMDL 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 GCMDL, disqualification must be justified.  

11.  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 Presidential Unit Citation (PUC) for the period between 29 October-30 November 1967 by Department of the Army General Order (DAGO) Number 38, dated 1971.  DAGO Number 8, dated 1974 awarded the applicant's unit the Vietnam Gallantry Cross Unit Citation with Palm for the period 20 July 1965-28 March 1973.  The applicant's DD Form 214 does not show these awards as authorized awards because they were awarded to his unit after he had been discharged.

DISCUSSION AND CONCLUSIONS:

1.  The evidence available does not support award of the Expert Marksmanship Qualification Badge, M-16 Rifle.

2.  There is no evidence the applicant was involved in any misconduct, nor is there evidence his unit commander ever denied him award of the GCMDL. Therefore, it would be appropriate to correct his record to show award of the GCMDL for the period 16 March 1967 to15 October 1968.  

3.  The evidence supports that the applicant's record should be corrected to show that he is entitled to 4 bronze service stars (BSS) for wear on his Vietnam Service Medal.

4.  The evidence supports that the applicant's record should be corrected to show award of the PUC and the Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

__rvo___  __mvt___  ___lf___  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 GCMDL for his period of service from 16 March 1967-15 October 1968, 4 BSSs for his Vietnam Service Medal, the PUC, and the Vietnam Gallantry Cross Unit Citation with Palm.

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 the Expert Marksmanship Qualification Badge, M-16 Rifle.

		Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003090189	
SUFFIX		
RECON		
DATE BOARDED	20040224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0056	
3.	107.0079	
4.		
5.		
6.