RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2007 DOCKET NUMBER: AR20070004640 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. Ms. Catherine C. Mitrano Director Mr. Mohammed R. Elhaj Analyst The following members, a quorum, were present: Mr. Michael J. Flynn Chairperson Mr. Larry W. Racster Member Mr. Donald W. Steenfott Member 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 records to show award of the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) and completion of the Sniper Course. 2. The applicant states, in effect, that some of the medals he was awarded and the training he received is not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 3. The applicant provided a copy of the citation and orders awarding him the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), a copy of the DA Form 87 (Certificate of Training) showing completion of Sniper School, and a copy of the local certificate of Sniper Course completion, in support of his request. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel requests corrections of the applicant's records to show award of the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) and completion of the Sniper Course. 2. Counsel states, in effect, that the applicant is entitled to correction of his records to show the award and the training. 3. Counsel provides a copy of the citation and orders awarding him the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), a copy of the DA Form 87 (Certificate of Training) showing the applicant's completion of Sniper School, and a copy of the local certificate of sniper course completion, in support of the applicant's request. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 11 June 1971, the date of his transfer to the United States Army Reserve Control Group. The application submitted in this case is dated 16 March 2007. 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 limitations 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 records show that he was inducted into the Army of the United States on 12 January 1969. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). The highest rank the applicant attained while on active duty was specialist/pay grade E-4. 4. The applicant's records further show that he served in the Republic of Vietnam during the period 19 November 1969 through 2 November 1970. He was assigned to A Company, 1st Battalion, 61st Infantry Regiment, 5th Infantry Brigade, 5th Infantry Division. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, the Combat Infantryman Badge, the Army Commendation Medal, the Purple Heart, and the Bronze Star Medal. 6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that, in addition to the above awards, the applicant was awarded 1 Overseas Service Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 7. Headquarters, 1st Infantry Brigade, 5th Infantry Division, General Orders Number 134, dated 31 January 1971, show that the applicant was awarded the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 3 April 1970. 8. The applicant's records show that he successfully completed the 101st Airborne Division Sniper School at Camp Evans in the Republic of Vietnam on    27 February 1970. 9. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214. 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972. 11. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal. 12. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII campaigns during his tour of duty in Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 13. Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, Special Orders Number 296 dated 23 October 1969 shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 30 September 1969. 14. Headquarters, 194th Armored Brigade, Fort Knox, Kentucky, Special Orders Number 50, dated 3 March 1971 show the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar on 11 February 1971. 15. Item 29 (Qualification in Arms) of the applicant's DA Form 20 show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on an unknown date under the authority of Special Orders 181, Army Training Center, Fort Campbell, Kentucky. 16. A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal. 17. Army Regulation 672-5-1, in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had completed a qualified 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. The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. Ratings of "Unknown" for portions of the period under consideration are not disqualifying. Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. 18. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. This regulation further states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Bronze Star Medal. 19. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation. The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal. 20. United States Army Vietnam (USARV) Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation stated that the Bronze Star Medal could be awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. An oak leaf cluster is added to denote a second and succeeding award. 21. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states, in pertinent part, to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. DISCUSSION AND CONCLUSIONS: 1. Orders show that the applicant was awarded the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 3 April 1970. Therefore, he is entitled to correction of his records to show this award. 2. Records show that the applicant successfully completed the Sniper Course during his tour in the Republic of Vietnam. However, this course is a training course for combat skills. Therefore, he is not entitled to show completion of this course to his DD Form 214. 3. Orders show the applicant was awarded the Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his record to show this award. 4. Record shows the applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal. 5. Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, he is entitled to correction of his records to show this award. 6. Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar. Therefore, he is entitled to correction of his records to show this award. 7. Records show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is entitled to correction of his records to show this award. 8. Evidence of record confirms that the applicant served honorably during the period 12 June 1969 through 11 June 1971. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal. 9. Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 June 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 10 June 1974. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __mjf___ __lwr___ __dws___ GRANT PARTIAL 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 award of the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Pistol Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 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 adding the completion of the Sniper Course to his DD Form 214. Michael J. Flynn ______________________ CHAIRPERSON INDEX CASE ID AR20070004640 SUFFIX RECON DATE BOARDED 20070814 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (GRANT) REVIEW AUTHORITY ISSUES 1. 107.0000 2. 100.0000 3. 4. 5. 6.