BOARD DATE:	  1 October 2009
		DOCKET NUMBER:  AR20090001495 


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 the award of the Silver Star, the Army Commendation Medal, and the Aircraft Crew Member Badge.

2.  The applicant states that the aforementioned awards are not listed on his 
DD Form 214. 

3.  The applicant provides his DD Form 214 and orders awarding him the Silver Star, the Army Commendation Medal, and the Aircraft Crew Member Badge in support of this 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 commissioned as a second lieutenant in the Regular Army on 6 June 1962 after graduating from the United States Military Academy at West Point, New York, and entered active duty on that date.  After completing airborne and Ranger training, he began serving a tour in Hawaii on 9 April 1963 and served with various units of the 2nd Battalion, 35th Infantry Regiment, with his last unit being Headquarters and Headquarters Company (HHC), 2nd Battalion, 35th Infantry Regiment.  This unit made a permanent change of station to the Republic of Vietnam on 4 January 1966.  He returned to the continental United States on 1 December 1966 and was honorably released from active duty on 2 December 1966.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Parachutist Badge, the Ranger Tab, the Expert Infantryman Badge, the Combat Infantryman Badge, the Vietnam Service Medal, the Bronze Star Medal, and the Air Medal with First Oak Leaf Cluster.

3.  The applicant's DD Form 214 does not show that he was awarded the Silver Star, but he provided orders, dated 8 February 1967, which awarded him the Silver Star for gallantry in action on 23 and 28 October 1966.

4.  The applicant's DD Form 214 also does not show that he was awarded the Army Commendation Medal, but he provided orders, dated 9 March 1965, which awarded him the Army Commendation Medal for meritorious service for the period 6 December 1964 to 5 March 1965.  The page of these orders with the authenticating signature is missing; however, the document recommending the applicant for this award is filed in his records.

5.  Additionally, the applicant's DD Form 214 does not show that he was awarded the Aircraft Crew Member Badge, but he provided orders, dated 6 September 1966, which awarded him the Aircraft Crew Member Badge.  His DA Form 66 (Officer Qualification Record) also shows this award.  The Aircraft Crew Member Badge was renamed the Basic Aviation Badge in 2000.

6.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

7.  The applicant served in Vietnam from 4 January 1966 to 1 December 1966, but his DD Form 214 does not show that he was awarded the Republic of Vietnam Campaign Medal with Device (1960).

8.  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 Battalion, 35th Infantry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971.

9.  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 shows that during the applicant's tour in Vietnam, participation credit was awarded for the Vietnam Counteroffensive campaign and the Vietnam Counteroffensive Phase II campaign.

10.  The applicant's DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar or the Marksman Marksmanship Qualification Badge with Pistol Bar.  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar by Headquarters, 25th Infantry Division, Special Orders Number 258, dated 1 November 1965.  He was also awarded the Marksman Marksmanship Qualification Badge with Pistol Bar by Headquarters, 25th Infantry Division, Special Orders Number 281, dated 16 November 1964.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Silver Star, the Army Commendation Medal, and the Aircraft Crew Member Badge.

2.  General orders awarded the applicant the Silver Star and the Army Commendation Medal, but they are not listed on his DD Form 214.  The fact that the page of the Army Commendation Medal orders with the authenticating signature is missing was noted; however, notwithstanding this fact, the authenticity of these orders is not questioned.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show award of the Silver Star and the Army Commendation Medal.

3.  Special orders awarded the applicant the Aircraft Crew Member Badge, which was renamed the Basic Aviation Badge in 2000, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Basic Aviation Badge.

4.  The applicant served more than 6 months in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960), but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Republic of Vietnam Campaign Medal with Device (1960).

5.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 2nd Battalion, 35th Infantry Regiment, while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars to be affixed to his already awarded-Vietnam Service Medal.

7.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar, but they are not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar.  

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 the applicant's DD Form 214 be corrected by showing the award of the Silver Star, the Army Commendation Medal, the Basic Aviation Badge, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Pistol Bar, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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.



      ____________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)                                         AR20090001495



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ABCMR Record of Proceedings (cont)                                         AR20090001495



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