RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 JANUARY 2004                  
	DOCKET NUMBER:   AR2003090939

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Yolanda Maldonado		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 that his records be corrected to show entitlement to all of his awards and decorations.  He specifically requests that his records be corrected to show award of 21 Air Medals (1st through 20th oak leaf clusters), the Army Good Conduct Medal, an Army Valorous Unit Award, the Army Commendation Medal with “V” device, a Gallantry Cross Unit Citation, and three bronze service stars denoting campaign participation.

2.  The applicant makes no statement.

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

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 
5 February 1970.  The application submitted in this case is dated 29 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.  Records available to the Board indicate the applicant entered active duty on 27 February 1967.  While undergoing training he qualified as an expert with the M-16 automatic rifle and as a marksman with the M-14 rifle.  He was awarded the associated badges and component bars, however that information was omitted from his separation document.

4.  In February 1969 the applicant was reassigned to Vietnam where he initially performed duties as a helicopter repairman with the 1st Battalion, 8th Cavalry, 1st Air Cavalry Division.  In July 1969 he was reassigned to the 1st Squadron, 9th Cavalry.

5.  In October 1969 the applicant was awarded his first Air Medal.  That award is reflected on his separation document.  On 20 February 1970, after the applicant had departed Vietnam, he was awarded his 1st through 20th oak leaf clusters to his Air Medal.  The additional awards of the Air Medal were omitted from his separation document.

6.  The applicant was also awarded an Army Commendation Medal with “V” device for his heroic actions on 6 November 1969.  The award was omitted from his separation document.

7.  The applicant returned to the United States in February 1970 and was released from active duty with an honorable characterization of service.  His separation report reflects entitlement to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, although it is recorded as the “Vietnamese Gallantry Cross w/D” on the document.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s units participated in four designated campaigns (Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970)(1st Field Artillery Observation Battalion) while the applicant was assigned.  Four bronze service stars on his Vietnam Service Medal should reflect his campaign participation.  The pamphlet also notes that while the applicant was assigned to the 1st Battalion, 8th Cavalry, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and while he was assigned to the 1st Squadron, 9th Cavalry, that unit was awarded a Valorous Unit Award.

9.  Army Regulation 600-8-22 provides that 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal.  His conduct and efficiency ratings throughout his military service were excellent and his records contain no evidence of any disciplinary actions or incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant qualified as an expert with the M-16 automatic rifle and as a marksman with the M-14 rifle, and that he was awarded the associated badges and component bars.

2.  The evidence confirms that the applicant was awarded an Army Commendation Medal with “V” device and the Air Medal with 1st through 20th oak leaf clusters.

3.  The evidence shows that the applicant is entitled to an award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and a Valorous Unit Award.  His entitlement to the Republic of Vietnam Gallantry Cross Unit Citation with Palm is already reflected on his separation document.

4.  The applicant participated in four designated campaigns, not three, while in Vietnam and as such is entitled to four bronze service stars on his Vietnam Service Medal to denote his campaign participation.

5.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 5 December 1970.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 27 February 1967 through 5 December 1970.

BOARD VOTE:

__AAO   _  __LE ___  __YM ___  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:

a.  showing that he qualified as an expert with the M-16 automatic rifle and as a marksman with the M-14 rifle, and was awarded the associated badges and component bars;

b.  showing that he was awarded an Army Commendation Medal with “V” device and the Air Medal with 1st through 20th oak leaf clusters;

c.  showing he is entitled to an award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and a Valorous Unit Award;

d.  showing that he is entitled to four bronze service stars on his Vietnam Service Medal to denote participation in four designated campaign periods; and
e.  awarding him the Army Good Conduct Medal for the period 
27 February 1967 through 5 December 1970.

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 Republic of Vietnam Gallantry Cross Unit Citation with Palm, which is already listed on his separation document, and award of three bronze service stars in view of the fact that he is actually entitled to four bronze service stars denoting participation in four designated campaign periods.

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090939	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040127	
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.