IN THE CASE OF:	  

		BOARD DATE:	       14 April 2009

		DOCKET NUMBER:  AR20080017870 


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, that his 31 October 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include award of the Meritorious Service Medal and the Bronze Star Medal (2nd Award). He also requests that his DD Form 214 be corrected to show the Army Recruiting Course, Primary Noncommissioned Officer Course (PNCOC), Basic Noncommissioned Officer Course (BNCOC), and Advanced Noncommissioned Officer Course (ANCOC).

2.  The applicant states the above awards and educational courses were omitted from his retirement DD Form 214. 

3.  The applicant provides copies of his 31 October 1991 DD Form 214; a Meritorious Service Medal certificate, dated 25 July 1991; a Bronze Star Medal certificate, dated 20 June 1991; and certificates for completion of the Army Recruiting Course, PNCOC, and BNCOC. 

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 25 November 1968 and he was honorably separated for immediate reenlistment on 17 August 1969.  The DD Form 214 he was issued shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

3.  The applicant completed the 6-week Drill Sergeant School in September 1970 and the 2-week Noncommissioned Officer (NCO) Chemical, Biological, and Radiological Course in February 1971.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) covering the period 25 November 1968 through 30 August 1974 contains information contradictory to itself and other source documents related to the applicant's periods of service in Vietnam.  In pertinent part it shows at:

	a.  Block 31 (Foreign Service) service in Vietnam from 6 August 1969 through 5 August 1970, 12 months, and from 9 February 1970 through 10 April 1972, 2 months; and

	b.  Block 38 (Record of Assignments) shows his assignments in Vietnam as:

		1)  the 175th Assault Helicopter Company from 3 September 1969 through 15 May 1970;

		2)  the 3rd Security Detachment from 16 May through 3 September 1970; 

		3).  Headquarters and Headquarters Company, 4th Battalion, 54th Infantry Regiment from 24 March 1971 through 13 April 1972;

5.  Headquarters, 1st Aviation Brigade, General Orders Number 5290, dated 18 October 1969, awarded the applicant the Air Medal for the period 13 September to 24 September 1969 while assigned to the 175th Aviation Company.

6.  Headquarters, 1st Aviation Brigade, General Orders Number 7645, dated 8 August 1970, awarded the applicant the Army Commendation Medal for the period August 1969 to July 1970 while assigned to the 13th Security Detachment.
7.  An award certificate, dated 6 April 1972, currently located on the applicant's Official Military Personnel File microfiche, shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces.  No orders are available for this award and the certificate does not show a general order number.   

8.  Headquarters, 3rd Brigade, 1st Cavalry Division, General Orders Number 1486, dated 21 May 1972, awarded the applicant the Air Medal while assigned to Company C, 1st Battalion (Air Mobile), 7th Cavalry Regiment for the period 24 August 1971 through 11 April 1972.

9.  The applicant's 13 April 1972 DD Form 214 shows his awards as the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge (M-14 and M-16 Rifles), and the Air Medal with two Oak Leaf Clusters.  It lists his military education courses as the Drill Sergeant Course; the NCO Chemical, Biological, and Radiological Course; and the Infantry Indirect Fire Crewman Course.

10.  The applicant served in the Ready Reserve from 14 April 1972 through 24 February 1975 when he reenlisted in the Regular Army.  

11.  The 14 August 1975 DD Form 214 is barely legible.  This DD Form 214 appears to list his awards as the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the Air Medal, and the Republic of Vietnam Campaign Medal with "1960" Device.  This version of the DD Form 214 does not have a block for military education but does show in block 27 (Remarks) completion of PNOC in 1973.

12.  The available DD Form 214, with the ending date of 18 June 1979, is illegible in the areas of awards and education. 

13.  A Bronze Star Medal certificate, dated 20 June 1991, shows the applicant was awarded the Bronze Star Medal for meritorious achievement during Operation Desert Storm.  The order number is not listed on the certificate.

14.  A Meritorious Service Medal certificate, dated 25 July 1991, shows that the applicant was awarded the Meritorious Service Medal per Headquarters, 327th Infantry Regiment, Permanent Orders Number 206-009.  

15.  On 31 October 1991, the applicant retired from active duty and was transferred to the USAR Control Group (Retired).  He had completed 21 years, 5 months, and 12 days of active duty service and 2 years, 10 months, and 11 days of inactive service.  

16.  A DA Form 2-1 (Personnel Qualification Record), that appears to have been initiated in 1975, lists his awards as the "NDSM-1/VSM-1/AM-1/ AM-2/AM-3/AM-4/PH-1/OS BARS (2)/RVNCAMUC/ASR-1/AGCM (5thAWD 860323)/OSR-3/ARCOM-1/AAM-1/AAM-2/AAM-3/AAM-4/AAM-5/AAM-6/ NCOPDR-3/BSM-1/DSIDBAD/RECBAD/AAM-7/NATL-DEF-SVC-MDL-1/ SW-ASIA-SVC-MDL-BSS-2/."  This document shows he participated in 3 campaigns in Vietnam and two during the Persian Gulf War.  He last qualified with the M-16 rifle as a marksman.  The available record does not include copies of orders or certificates for the majority of the awards and decorations listed.

17.  A DA Form 2-1 also shows the applicant completed the NCO Chemical, Biological, and Radiological Course, 2 weeks, in 1971; PNCOC, 4 weeks, in August 1975; BNCOC, 4 weeks, in September 1980; the Army Recruiting Course, 4 weeks, in September 1981; ANCOC, 11 weeks, in August 1987; and the Senior Leadership Refresher Course, 1 week, in May 1988.

18.  The applicant's DD Form 214, issued on 31 October 1991, lists his awards as the "ARMY SERVICE RIBBON//NCO PROFESSIONAL DEVELOPMENT RIBBON (3)//ARMY GOOD CONDUCT MEDAL (5)// NATIONAL DEFENSE SERVICE MEDAL (2)//AIR MEDAL (4)// PURPLE HEART/ OVERSEAS SERVICE BAR(2)// VIETNAM CAMPAIGN MEDAL//OVERSEAS SERVICE RIBBON(3)//ARMY COMMENDATION MEDAL//ARMY ACHIEVEMENT MEDAL (6OLC)//BRONZE STAR MEDAL// DRILL INSTRUCTOR IDENTIFICATION BADGE//RECRUITER BADGE//SOUTHWEST ASIA SERVICE MEDAL W/2BSS//VIETNAM SERVICE MEDAL W/2 CAMPAIGN STARS//VIETNAM CIVIL ACTIONS MEDAL."  This DD Form 214, at item 14 (Military Education) shows only the Senior Leadership Course completed in 1988.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant was assigned to the following units when the units were issued the following awards:

	a.  the 175th Aviation Company (Assault Helicopter Company) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	b.  the 13th Security Detachment, 1st Aviation Brigade, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	c.  Company C, 1st Battalion (Air Mobile), 7th Cavalry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
20.  DA Pamphlet 672-3 also states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by an individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

21.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army.  In pertinent part it provides:

	a.  paragraph 2-4g(13) (Decorations, Medals, Badges, Citations And Campaign Ribbons Awarded Or Authorized) provides that awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22.  Use of abbreviations is not authorized; and

	b.  paragraph 2-4g (14) (Military Education) states that all formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 are to be listed.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

22.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states the following:

	a.  the basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman;

	b.  that an award for previous marksmanship weapons qualification is automatically revoked whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification on the same weapons system; and

	c.  authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  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 served during the following six campaign periods:  the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; the Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971; the Consolidation II, 1 December 1971 - 29 March 1972; and the Vietnam Cease Fire, 30 March 1972 - 28 January 1973.

23.  Army Regulation 600-8-22 also provides that the second and subsequent awards of the Bronze Star Medal and the Army Achievement Medal are denoted by affixing a bronze Oak Leaf Cluster to the ribbon.  Bronze numerals are used to denote second and subsequent awards of the Air Medal, the Overseas Service Ribbon, and the Noncommissioned Officers Professional Development Ribbon.  A bronze service star denotes a second award of National Defense Service Medal.  A silver service star is authorized in lieu of five bronze stars for the above denotations.  The second and subsequent award of the Good Conduct is denoted by a clasp with loops, the number of loops denotes the number of awards. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends two awards and three educational courses are omitted from his 31 October 1991 DD Form 214.

2.  The copies of applicant's earlier DD Forms 214 are extremely poor, illegible in many sections, and omit some of his schooling and awards.  His 31 October 1991 DD Form 214 also omits several awards and schools attended during this period of service.

3.  The applicant completed the 6-week Drill Sergeant Course in 1970 and the    2-week NCO Chemical, Biological, and Radiological Course in 1971.  These courses are listed on his 13 April 1972 DD Form 214, but are not very legible.  

4.  The applicant completed the 4-week PNCOC during a period when educational courses were not listed in a separate education block.  It is listed in the remarks block on the 18 June 1979 DD Form 214, but are not very legible.  

5.  The 4-week BNCOC, 4-week ANCOC, and 4-week Army Recruiting Course are not listed on the applicant’s 31 October 1991 DD Form 214.  These courses are considered leadership courses not combat skills courses and as such should be listed on this DD Form 214.

6.  The applicant's earlier DD Forms 214 are extremely poor copies with several significant sections being illegible and his 31 October 1991 DD Form 214 does not include all of the courses he completed during the period covered by this form.  It is, therefore, appropriate, as an exception to policy, to delete the 31 October 1991 DD Form 214 block 14 entry and replace it with the following:

Drill Sergeant Course - 6 weeks - 1970// NCO Chemical, Biological, and Radiological Course - 2 weeks - 1971// Primary Noncommissioned Officer Course - 4 weeks - August 1975// Basic Noncommissioned Officer Course - 4 weeks - September 1980// Army Recruiting Course - 4 weeks - September 1981//Advanced Noncommissioned Officer Course – 11 weeks - August 1987// Senior Leadership Refresher Course -1 week - May 1988//Nothing Follows.

7.  The applicant was awarded the Meritorious Service Medal on 25 July 1991.  This award is not listed on the 31 October 1991 DD Form 214.  It would be appropriate to correct the applicant’s DD Form 214 to reflect this award.

8.  The applicant was awarded a Bronze Star Medal on 6 April 1972.  He was awarded a second Bronze Star Medal on 25 July 1991.  Copies of award certificates for both of these medals are included in his Official Military Records.  Therefore, it is reasonable to assume that they are valid awards and it is appropriate to correct the 31 October 1991 DD Form 214 to show the Bronze Star Medal with one Oak Leaf Cluster. 

9.  The applicant's correct second period of service in Vietnam is not able to be verified from the available records.  However, based on the best available information it appears that the applicant served in Vietnam during six campaign periods and, therefore, is authorized to wear one silver service star and one bronze service star on his Vietnam Service Medal.  His 31 October 1991 DD Form 214 should be corrected to show these service ribbon accouterments.

10.  The applicant was assigned to three different units when each was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records are authorized to show all awards received.  Therefore, it 
would be appropriate to correct the 31 October 1991 DD Form 214 to show the award as the Republic of Vietnam Gallantry Cross with Palm Unit Citations (3 Awards).

11.  The applicant qualified for and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) during his first enlistment.  He qualified for and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar with both the M-14 and M-16 rifles during his second period of active duty.  No marksmanship qualification badge is listed on the 31 October 1991 DD Form 214. 

12.  According to the awards regulation, the applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle) was automatically revoked and replaced with the Expert Marksmanship Qualification Badge with Rifle Bar when he qualified at that level.  Both the M-14 and M-16 rifle are service rifles for which the Rifle Bar is issued.  Since the applicant qualified at the same level (expert) on both weapons and there is only one badge and bar which denotes both, the 31 October 1991 DD Form 214 should be corrected to reflect the award of a the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16). 

13.  The applicant's awards as listed on the 31 October 1991 DD Form 214 are not listed in the priority sequence specified in AR 600-8-22 and abbreviations were used.  Since there are significant corrections being made to this form, it would be appropriate to delete all entries in block 13 and replace it with the following:

Bronze Star Medal with one Oak Leaf Cluster// Army Commendation Medal// Army Achievement Medal with six Oak Leaf Clusters// Air Medal with numeral 4//Purple Heart// Meritorious Service Medal//Army Good Conduct Medal (5th Award)//National Defense Service Medal with one bronze service star//Vietnam Service Medal with one silver and one bronze service star// Southwest Asia Service Medal with two bronze service stars// Republic of Vietnam Campaign Medal with Device (1960)//Army Service Ribbon//Overseas Service Ribbon with Numeral 3// Noncommissioned Officers Professional Development Ribbon with numeral 3// Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 awards)//Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation//Drill Instructor Identification Badge// Recruiter Badge//the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)//Nothing Follows.

BOARD VOTE:

____X___  ___X____  ____X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 the entry in block 13 of the applicant’s 31 October 1991 DD Form 214 and adding the following entry:

Bronze Star Medal with one Oak Leaf Cluster// Army Commendation Medal// Army Achievement Medal with six Oak Leaf Clusters// Air Medal with Numeral 4//Purple Heart// Meritorious Service Medal// Army Good Conduct Medal (5th Award)// National Defense Service Medal with one bronze service star// Vietnam Service Medal with one silver and one bronze service stars// Southwest Asia Service Medal with two bronze service stars// Republic of Vietnam Campaign Medal with Device (1960)// Army Service Ribbon// Overseas Service Ribbon with Numeral 3// Noncommissioned Officers Professional Development Ribbon with numeral 3// Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 awards)// Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation// Drill Instructor Identification Badge// Recruiter Badge// the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)// Nothing Follows; and

	b.  deleting the current entry in block 14 of the applicant’s DD Form 214, issued on 31 October 1991, and adding the following entry:

Drill Sergeant Course - 6 weeks - 1970// NCO Chemical, Biological, and Radiological Course - 2 weeks - 1971// Primary Noncommissioned Officer Course - 4 weeks - August 1975// Basic Noncommissioned Officer Course - 4 weeks - September 1980, 

Army Recruiting Course - 4 weeks - September 1981//Advanced Noncommissioned Officer Course – 11 weeks - August 1987// Senior Leadership Refresher Course -1 week - May 1988//Nothing Follows.



      _______ _   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)                                         AR20080017870



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ABCMR Record of Proceedings (cont)                                         AR20080017870



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