IN THE CASE OF: BOARD DATE: 12 June 2012 DOCKET NUMBER: AR20110024284 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following: * Purple Heart (2nd Award) * Silver Star * Bronze Star Medal * Air Medal with Numeral "57" and with "V" Device * Republic of Vietnam Cross of Gallantry with Gold Star * Any other awards to which he may be entitled 2. The applicant states his DD Form 214 does not show these awards. 3. The applicant provides his DD Form 214; six orders; six certificates; two award citations; and a letter, subject: Transmittal of Award. CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 6 September 1966. He held military occupational specialty 11D (Armor Intelligence Specialist). 3. He served in Vietnam from 10 October 1967 to 4 May 1969 while assigned to A Troop, 7th Squadron, 17th Air Cavalry. 4. Headquarters, 1st Aviation Brigade issued the following orders awarding the applicant the award as indicated: * General Orders Number 312, dated 23 January 1968, that awarded him the Air Medal for meritorious achievement from 18 November to 11 December 1967 * General Orders Number 2111, dated 11 April 1968, that awarded him the Air Medal with "V" Device for heroism on 18 January 1968 5. General Orders Number 167, issued by Headquarters, 71st Evacuation Hospital, dated 15 May 1968, awarded him the Purple Heart (2nd Award) for wounds received in action on 14 May 1968. 6. The applicant was honorably released from active duty on 8 May 1969 in the rank/grade of staff sergeant (SSG)/E-6 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 8 months, and 4 days of total active service with no time lost. 7. The DD Form 214 he was issued shows the: * Purple Heart * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Aircraft Crewman Badge * Three overseas service bars 8. In conjunction with his release from active duty he underwent a physical examination on 8 May 1969. The examining physician noted on a Standard Form 89 (Report of Medical History) that the applicant received shrapnel wounds to the lower leg in Vietnam on 9 May 1968 and a gunshot wound to the upper right arm on 14 May 1968. 9. Headquarters, 1st Aviation Brigade issued the following orders awarding the applicant the award as indicated: * General Orders Number 2288, dated 12 May 1969, that awarded him the Air Medal (2nd - 56th Oak Leaf Cluster) for meritorious service from 12 December 1967 to 23 April 1969 * General Orders Number 2424, dated 22 May 1969, that awarded him the Bronze Star Medal for meritorious service from October 1967 to May 1969 * General Orders Number 950, dated 16 February 1970, that awarded him the Silver Star for gallantry in action in Vietnam on 1 March 1969 (his service record contains a copy of these orders) 10. The applicant provides a certificate and page two of a Headquarters, II Corps letter, dated 28 July 1969, wherein it shows he was awarded the Republic of Vietnam Gallantry Cross with Gold Star by the government of Vietnam for his actions against enemy forces on 1 March 1969. However, there is no indication he was authorized by an appropriate U.S. Army official to accept and wear this foreign award. 11. A review of his records indicates entitlement to additional awards. 12. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows award of the: * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber) 13. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal. 14. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended 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. 15. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star will be worn in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969) 16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 7th Squadron, 17th Air Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 through 17 May 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969 17. Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal. 18. Army Regulation 600-8-22 states individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient. Prior to acceptance, the award must have been approved by the appropriate commander specifically designated by the Department of the Army. The Adjutant General or the commander authorized to accept foreign decorations, notified members of the Army of the United States of authority to receive and wear such foreign decorations DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms general orders awarded the applicant the following awards that are not shown on his DD Form 214: * Silver Star * Bronze Star Medal * Purple Heart (2nd Award) * Air Medal with Numeral "57" and with "V" Device Therefore, his DD Form 214 should be corrected to show these awards. 2. He served honorably from 6 September 1966 through 8 May 1969. He served in Vietnam, he was wounded in action on two occasions, and he received multiple valor awards. His record is void of any derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 3. Records show he was awarded the Vietnam Service Medal and he participated in six campaign periods. Therefore, he is entitled to the Vietnam Service Medal with one silver service star and one bronze service star, and correction of his DD Form 214 to show this award. 4. Records show the applicant qualified expert with the M-14 rifle, sharpshooter with the M-60 machine gun, expert with the M-16 rifle, and expert with the .38 caliber pistol. Therefore, his DD Form 214 should be corrected to show these weapons qualification badges. 5. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period or assignment. Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 6. With respect to the Republic of Vietnam Gallantry Cross with Gold Star, although the applicant provided a document showing this unit award, there is no accompanying authorization from an Army official to accept and wear this foreign unit award. As such, there is an insufficient evidentiary basis for adding this foreign award to his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X__ _ ____X___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Deleting from his DD Form 214 the Purple Heart; b. Awarding him the Army Good Conduct Medal (1st Award) for the period 6 September 1966 through 8 May 1969; and c. Adding to his DD Form 214 the: * Silver Star * Bronze Star Medal * Purple Heart (2nd Award) * Air Medal with Numeral "57" and with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star and one bronze service star * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber) * Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 Republic of Vietnam Gallantry Cross with Gold Star to his DD Form 214. __________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20110024284 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110024284 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1