RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20070018320 


	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.


 

Director

 

Analyst

      The following members, a quorum, were present:


 

Chairperson

 

Member

 

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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show all of his awards and decorations.  

2.  The applicant states that he was not issued certificates, ribbons, or medals for the Cold War Medal and Ribbon, the Enlisted Promotion Badge, the Honorable Service Lapel Pin, the Professional Signal Badge, and personal and unit award of the Republic of Vietnam Gallantry Cross.

3.  The applicant also requests, in effect, a reconsideration of his application to correct his records to show his participation at Landing Zone (LZ) Bird in December 1966.  He states that he has never received any acknowledgement of his presence at any of several LZs.  

4.  The applicant provides copies of a letter from the American War Library listing his awards, his DD Form 214, and a DD Form 215 (Correction to DD Form 214).

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 AR20050017202, on 6 July 2006.

2.  Army Regulation 15-185 sets forth policy and procedures followed by the Board.  Paragraph 2-15 states if the ABCMR receives a request for reconsideration more than 1 year after the ABCMR’s original decision or after the ABCMR has already considered one request for reconsideration, then the case will be returned without action and the applicant will be advised the next remedy is appeal to a court of appropriate jurisdiction.

3.  The applicant has failed to submit any new documentation or arguments within one year of his prior request.   Based on this factor the applicant's request for reconsideration to show his participation at different landing zones will not be addressed further.

4.  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.

5.  The applicant has requested award of the Cold War Recognition Certificate.  The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not 
shown on a discharge document.  In accordance with section 1084 of the Fiscal 
Year 1998 National Defense Authorization Act, the Secretary of Defense 
approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, Army Human Resources Command (AHRC), Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be further discussed in this Record of Proceedings.

6.  The applicant served on active duty from 6 November 1965 through 3 November 1967, in military occupational specialty (MOS) 31B (Field Radio Mechanic). 

7.  He served in Vietnam from 13 May 1966 through 12 May 1967 with 17th Aviation Company, 1st Cavalry Division (13 May 1966 through 27 December 1966) and with Headquarters and Headquarters Battery, 2nd Battalion, 19th Cavalry Regiment, 1st Cavalry Division (28 December 1966 through 10 May 1967). 

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  advancement to specialist four (SP4)/E-4;

	b.  foreign service in Vietnam from 13 May 1966 through 12 May 1967;

	c.  assignment with 17th Aviation Company, 1st Cavalry Division from 13 May 1966 through 27 December 1966;

	d.  assignment with Headquarters and Headquarters Battery, 2nd Battalion, 19th Artillery Regiment, 1st Cavalry Division from 28 December 1966 through 10 May 1967;

	e.  his conduct and efficiency ratings were exclusively excellent;

	f.  Vietnam service during one campaign period;

	g.  his authorized awards and decorations as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  The applicant's DD Form 214 lists his awards as the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  A DA Form 1577 (Authorization for Issuance of Awards) issued on 14 September 2000, lists the applicant's authorized awards as the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

11.  The Eligibility for Display Recognitions and Replacement Medals form submitted by the applicant is not an official military document.  This check list appears to be prepared by or for The American War Library, a non-governmental veterans group as a resource guide or application source.  

12.  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 that while the applicant was assigned to the 17th Aviation Company, 1st Cavalry Division it was cited for award of the Meritorious Unit Commendation.  While the applicant was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 19th Artillery Regiment, 1st Cavalry Division it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

13.  Army Regulation 600-8-22 (Military Awards) sets forth the following 

	a.  a bronze service star, based on qualifying service, is authorized for each designated campaign listed in Appendix B of the regulation and states that 
authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following two campaign periods: the Vietnam Counteroffensive, 25 December 1965 – 30 June 1966 and the Counteroffensive Phase II, 1 July 1966 – 31 May 1967;
	
	b.  describes the Honorable Service Lapel Button (World War II Victory Medal), as a button of gold-color metal consists of an eagle perched within a ring composed of a chief and 13 vertical stripes.  The button is 7/16-inch high and 5/8-inch wide.  Eligibility requirements are honorable Federal military service between 8 September 1939 and 31 December 1946;
	
	c.  describes the Army Lapel Button as a gratuitous issue item made up of a minuteman in gold color on a red enamel disk surrounded by 16-pointed gold rays with an outside diameter of 9/16-inch.  This pin is presented to Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation), and those receiving an Honorable Discharge Certificate on or after 1 April 1984; and 

	d.  the regulation does not list either an Enlisted Promotion Badge or a Professional Signal Badge as authorized or recognized skills badges.

14.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for processing of foreign awards and decorations presented to individuals and units.  This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration.  This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.




DISCUSSION AND CONCLUSIONS:

1.  The applicant served during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal.

2.  In addition to the awards listed on the DD Form 214, the applicant is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and to wear two bronze service stars on his Vietnam Service Medal.

3.  The applicant's OMPF (Official Military Personnel File) does not contain any indication that he was recommended for or awarded any personal awards or decorations not currently listed on his DD Form 214, including a personal award of the Republic of Vietnam Gallantry Cross with Palm. 


4.  The applicant provided no documentation and his OMPF does not contain any orders showing that he is authorized any military qualification badges other than his already-awarded Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant did not serve during the period for which either the Honorable Service Lapel Button or the Army Lapel Button were authorized.

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 showing that, in addition to the awards listed on the DD Form 214, the applicant 
is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and to wear two bronze service stars on 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 award of an Enlisted Promotion Badge, a Professional Signal Badge, the Republic of Vietnam Gallantry Cross with Palm (individual award), the Honorable Service Lapel Button, and the Army Lapel Button.




      __________X____________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070018320


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508