RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20060015571 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Ronald Weaver

Chairperson

Mr. Jeffrey Redmann

Member

Mr. David Tucker

Member

	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, in effect, reconsideration of an earlier request for a second award of the National Defense Service Medal, the Master Parachutist Badge, the Army Achievement Medal, the Meritorious Unit Commendation, the Armed Forces Reserve Medal (AFRM), a second award of the Army Reserve Components Achievement Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Army Reserve Components Overseas Training Ribbon, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Presidential Unit Citation.  He also requests, in effect, award of the Legion of Merit, which is a new issue.

2.  The applicant states, in effect, that he is discouraged that it took the Board over a year to review his records and that the Board came up with such flawed findings to include errors in his dates of service in Vietnam, the units he served with, and the awards he has been authorized/received.  He states that he served with Company A, 1st Special Forces Group, 1st Special Forces, on Okinawa from 16 October 1967 to 21 May 1969.  He contends that during the period 
30 March 1968 through 9 August 1968 he was attached (temporary duty) to Vietnam where he was assigned to Special Operations Augmentation, Command and Control North, 5th Special Forces Group, 1st Special Forces and he participated in three campaigns during his assignment in Vietnam, not five campaigns.  

3.  The applicant states that he served in the Army National Guard and retired from the U.S. Army Reserve and he should have received updated DD Forms 214 (Report of Transfer or Discharge) according to Army Regulation 635-5 (Separation Documents).  He also states that he should be authorized a second award of the National Defense Service Medal and a second award of the Army Reserve Components Achievement Medal because he was a member of a troop program unit from 7 May 1977 to 15 August 1994.  He points out that he served with the 5th Special Forces Group in Vietnam from March through August 1968 and he is authorized award of the Meritorious Unit Commendation based on Department of the Army General Orders Number 70, dated 1969 and award of the Republic of Vietnam Civil Actions Honor Medal First Class based on Department of the Army General Orders Number 48, dated 1971.  He further states that he provided orders for the Army Achievement Medal, the Army Reserve Components Achievement Medal, and the Army Reserve Components Overseas Training Ribbon and that it is his understanding the Army Service Ribbon and the Overseas Service Ribbon are authorized for his tour in Okinawa from October 1967 to May 1969.   

4.  The applicant provides promotion orders, dated 18 November 1967; orders for the Purple Heart, the Army Commendation Medal with “V” Device, the Army Reserve Components Achievement Medal, the Master Parachutist Badge, the Army Achievement Medal, and the Army Reserve Component Overseas Training Ribbon; and an excerpt from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050013282 on 25 July 2006.

2.  The applicant requested correction of his records to show award of the Legion of Merit.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Legion of Merit 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, they will not be discussed further in this Record of Proceedings.

3.  The applicant’s arguments and submissions are new evidence which will be considered by the Board.

4.  The applicant enlisted on 2 February 1966 for a period of 3 years.  His DA Form 20 (Enlisted Qualification Record) shows he served as a medical specialist assigned to the Special Operations Augmentation, 5th Special Forces Group, 
1st Special Forces (Command and Control) in Vietnam from 9 May 1968 through 27 July 1968.  On 28 May 1969, the applicant was released from active duty and transferred to the U. S. Army Reserve (USAR).

5.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Purple Heart, the Good Conduct Medal, the Army Commendation Medal, and the Parachutist Badge as authorized awards.

6.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (5th Special Forces Group, 1st Special Forces) is entitled to the Meritorious Unit Commendation for actions during the period 31 January 1968 to 31 December 1968 based on Department of the Army General Orders Number 70, dated 1969.
7.  Department of the Army Pamphlet 672-3 also shows the applicant's unit (Special Operations Augmentation, Command and Control Center, 5th Special Forces Group, 1st Special Forces) is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.
  
8.  Department of the Army Pamphlet 672-3 does not show that the applicant’s unit was cited for the Presidential Unit Citation while he was assigned to it.

9.  Records show the applicant participated in two campaigns (Vietnam Counteroffensive, Phase IV – 2 April 1968 to 30 June 1968; and Vietnam Counteroffensive, Phase V – 1 July 1968 to 1 November 1968) during his assignment in Vietnam as indicated by his DA Form 20.

10.  The applicant was honorably discharged from the USAR on 2 February 1972.  After a break in service, the applicant enlisted in the Army National Guard on 7 May 1976.  He subsequently was commissioned a Reserve officer in the USAR and transferred to the Retired Reserve on 15 August 1994.  

11.  In support of his claim, the applicant provided 1986 orders for the Army Reserve Component Overseas Training Ribbon; 1988 orders for the Master Parachutist Badge; and 1991 orders for the Army Achievement Medal. 

12.  There is no evidence in the applicant’s service personnel records to show he was awarded a second Army Reserve Components Achievement Medal.

13.  The applicant’s Statement of Retirement Points shows he served on active duty (e.g., annual training) during retirement years ending (RYEs) 6 May 1990 through 6 May 1995.  It also shows he never performed more than 42 active duty days during any one retirement year. 

14.  The applicant’s Statement of Retirement Points shows he had a 4-year qualifying (i.e., earned at least 50 points per RYE) period in a Reserve component unit from 7 May 1976 through 6 May 1980; from 7 May 1984 through 6 May 1990; and from 7 May 1990 through 6 May 1994.

15.  A DD Form 215 (Correction to DD Form 214), prepared on 7 November 2006, amended several items on the applicant’s DD Form 214 and added the Army Commendation Medal with “V” Device, the Vietnam Service Medal with one silver service star, the Special Forces Tab, the Combat Medical Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Expert Qualification Badge with Rifle Bar, and the Marksman Qualification Badge with Rifle Bar.   
16.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

17.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

18.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

20.  Army Regulation 600-8-22, as amended by Military Personnel Message Number 96-196, provides for award of the AFRM.  It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit toward this award but does not constitute a break in service.  The Ten-year Device (hourglass with Roman numeral “X”) is authorized for wear on the AFRM to denote each succeeding 10-year period of Reserve Component service.  The first 10 years is denoted by a bronze hourglass, the second 10-year period of Reserve Component service is denoted by a silver hourglass and the third by a gold hourglass.

21.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Since 3 March 1972 the medal has been authorized on completion of 4 years service with a Reserve Component unit.  Individual must have completed 4 years of qualifying service on or after 3 March 1972 and before the effective date of this regulation (28 March 1995).  This change is not retroactive.  Such years of qualifying service must have been consecutive.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Army Reserve Components Achievement Medal.

22.  Army Regulation 635-5 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.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation also states, in pertinent part, that a DD Form 214 will be prepared for Reserve component Soldiers completing 90 days or more of continuous active duty for training, full-time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant’s service in the USAR, it appears he is eligible for award of the AFRM; however, it would have been for service outside the period covered by his DD Form 214 and therefore his 1969 DD Form 214 will not be amended to show this medal.

2.  It appears the applicant is eligible for a second and a third award of the Army Reserve Components Achievement Medal for the period from 7 May 1984 through 6 May 1990 and from 7 May 1990 through 6 May 1994.  However, as they would have been for service outside the period covered by his DD Form 214 his 1969 DD Form 214 will not be amended to show these awards.

3.  The applicant’s Statement of Retirement Points shows he served on active duty (most likely active duty for training during RYEs 6 May 1990 through 6 May 1995; therefore, he is eligible for a second award of the National Defense Service Medal.  However, it would have been for service outside the period covered by DD Form 214 and therefore his 1969 DD Form 214 will not be amended to show this medal. 

4.  Since the applicant had an active Reserve status on or after 1 August 1981, he is eligible for award of the Army Service Ribbon and the Overseas Service Ribbon.  However, these awards were not established until after the period covered by his DD Form 214 and so his 1969 DD Form 214 will not be amended to show these ribbons.

5.  The applicant’s unit (5th Special Forces Group, 1st Special Forces) was cited for award of the Meritorious Unit Commendation while he was assigned to it.  This award should be added to his DD Form 214.

6.  The applicant’s unit (Special Operations Augmentation, Command and Control Center, 5th Special Forces Group, 1st Special Forces) was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  This award should be added to his DD Form 214.

7.  Department of the Army Pamphlet 672-3 does not show that the applicant’s unit was cited for the Presidential Unit Citation while he was assigned to it.  Therefore, there is insufficient evidence on which to base award of this unit citation.

8.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.  Since the applicant never served on active duty for at least 90 days when he was in a Reserve Component he is not eligible for an “updated” DD Form 214 in accordance with Army Regulation 635-5.

9.  Although the applicant contends that he participated in three campaigns during his assignment in Vietnam, evidence of record shows he participated in two campaigns.  Since his records were improperly corrected to show the Vietnam Service Medal with one silver service star (participation for five campaigns), his records will not be corrected further unless he applies to the Board for correction of his records to show the Vietnam Service Medal with two bronze service stars instead of the Vietnam Service Medal with one silver service star.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

RW____  ___JR__  ___DT___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20050013282, dated 25 July 2006.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  amending his DD Form 214 to add the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

     b.  providing him an appropriate document to show he was awarded a second award of the Army Reserve Components Achievement Medal for the period from 7 May 1984 through 6 May 1990 and a third award of the Army Reserve Components Achievement Medal for the period from 7 May 1990 through 6 May 1994.

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 a second award of the National Defense Service Medal, the Master Parachutist Badge, the Army Achievement Medal, the Armed Forces Reserve Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Army Reserve Components Overseas Training Ribbon, and the Presidential Unit Citation.  




___Ronald Weaver______
          CHAIRPERSON



INDEX

CASE ID
AR20060015571
SUFFIX

RECON
20060725
DATE BOARDED
20070524
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.