IN THE CASE OF:	  

		BOARD DATE:	        19 MARCH 2009

		DOCKET NUMBER:  AR20080015927 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all of the awards and decorations that he is entitled to.

2.  The applicant believes that his unit did not properly complete his military records at the time of his service because of the way they were released from duty in Vietnam.

3.  The applicant provides a letter from the American Legion, Department of Michigan, Veterans Affairs & Rehabilitation Officer, dated 29 September 2008 in support of this application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, an equitable review of the applicant's case by the Board.

2.  Counsel states, in effect, that the issues raised in the applicant's application amply advance his contentions and substantially reflect the probative facts needed for equitable review.  Accordingly, counsel rests this case on the evidence of record.   

3.  Counsel provides no additional documents in support of the application.


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's military records show that he was inducted into the Army of the United States on 11 June 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).  He departed for the Republic of Vietnam on 
28 November 1969, and was initially assigned to Troop C, 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division.  On 7 April 1970, he was reassigned to Troop D, 2nd Squadron, 17th Cavalry Regiment, 101st Airborne Division.  He was reassigned from Troop D to Headquarters and Headquarters Troop of the same squadron on 22 August 1970.  He returned to the continental United States on or about 19 December 1970, and on 20 December 1970, he was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  He served with the Michigan Army National Guard (MIARNG) from 21 February 1972 to 20 February 1974, and reverted to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar  [M-16], effective 29 April 1972.

3.  The applicant's DD Form 214 shows that he was awarded the Bronze Star Medal, but it does not show a first oak leaf cluster affixed to this medal to signify a second award of the Bronze Star Medal.  The applicant was awarded his first Bronze Star Medal by Headquarters, 1st Infantry Division General Orders Number 3669, dated 9 March 1970, for meritorious achievement from
20 December 1969 to 31 January 1970.  He was awarded a second Bronze Star Medal by Headquarters, 101st Airborne Division (Airmobile) General Orders Number 12046, dated 1 October 1970, for meritorious service for the period from 
1 December 1969 to 30 September 1970.

4.  The applicant served 1 year, 6 months, and 10 days of continuous enlisted active duty service from 11 June 1969 to 20 December 1970, but his military records do not show that he was awarded the Army Good Conduct Medal.  All of his conduct and efficiency ratings were "excellent" throughout his active duty service, and there is no derogatory information in his military records that could be a disqualifying factor in awarding him the Army Good Conduct Medal.

5.  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 at the time of the applicant’s assignment to 
2nd Squadron, 17th Cavalry Regiment, the squadron was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 24, dated 1972.  It also shows that at the time of the applicant's assignment to Troop C, 1st Squadron, 4th Cavalry Regiment, the troop was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

6.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the following campaigns:  Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); Sanctuary Counteroffensive (1 May 1970 – 30 June 1970; and Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971.

7.  The applicant's DD Form 214 only shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, but he was also awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) by Headquarters, U.S. Army Training Center (Armor), Fort Knox, Kentucky Special Orders Number 303, dated 30 October 1969.


8.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying. 

9.  Army Regulation 600-8-22, paragraph 5-1 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

10.  Army Regulation 600-8-22 also states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

11.  Army Regulation 635-5 (Personnel Separations – 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of the awards and decorations that he is entitled to.

2.  General orders awarded the applicant two Bronze Star Medals during his service in Vietnam; one for achievement and the other for service, but his 
DD Form 214 only reflects one award of the Bronze Star Medal.  Therefore, he is entitled to correction of his military records to show the award of the Bronze Star Medal with first oak leaf cluster.

3.  The applicant served 1 year, 6 months, and 10 days of continuous enlisted active duty service from 11 June 1969 to 20 December 1970, and all of his conduct and efficiency ratings were "excellent" throughout his active duty service. There is also no derogatory information in his military records that could be a 
disqualifying factor in awarding him the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (first award) for the period 11 June 1969 to 20 December 1970, and to correct his military records to show this award.

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 2nd Squadron, 17th Cavalry Regiment while the applicant was assigned to this squadron.  General orders also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to Troop C, 1st 
Squadron, 4th Cavalry Regiment while the applicant was assigned to this troop.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

5.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show the Vietnam Service Medal with 3 bronze service stars.

6.  The applicant's DD Form 214 that was issued upon his release from active duty on 20 June 1970 shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  His NGB Form 22 that was issued upon his discharge from the MIARNG shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16], effective 29 April 1972.  Although it appears he was awarded the marksmanship qualification badge for the M-16 rifle it was accomplished after his release from active duty.  Therefore, it would not be appropriate to add this weapons qualification to his DD Form 214 and as such, it will not be further discussed in this Record of Proceedings.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal for the period 11 June 1969 to 20 December 1970; and

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal with first oak leaf cluster, Army Good Conduct Medal (first award), Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      _________XXX______________
               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)                                         AR20080015927



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ABCMR Record of Proceedings (cont)                                         AR20080015927



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