BOARD DATE:	  17 November 2009 

		DOCKET NUMBER:  AR20090009730 


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 correction of his final DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:  

   a.  the Purple Heart, Air Medal(s), Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Humanitarian Service Medal, the Valley Forge Cross and all other awards that he may be authorized; and

   b.  all of his military service, specifically, his National Guard service.

2.  The applicant states, in effect, that his final DD Form 214 does not show all of his military service, specifically, his National Guard service and all of the awards that he is authorized.

3.  The applicant provides a copy of his 22 April 1970 DD Form 214.

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 had honorable active enlisted service in the Army of the United States from 13 September 1967 through 22 September 1968.  A DD Form 214 for this period of service is not in the applicant's Military Personnel Records Jacket. 

3.  A DD Form 214, issued on 22 April 1970, shows the applicant entered active duty as a warrant officer on 23 September 1968, he was honorably released from active duty (REFRAD) on 22 April 1970, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  It also shows in:

   a.  Item 22 (Statement of Service), block a (Creditable for Basic Pay Purposes), line 1 (Net Service This Period) - 1 year and 7 months; line 2 (Other Service) - 1 year and 10 days; line 3 (Total) - 2 years, 7 months, and 10 days; and block b (Total Active Service) - 2 years, 7 months, and 10 days;

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Vietnam Service Medal, Purple Heart, Air Medal, and Republic of Vietnam Campaign Medal; and

   c.  Item 30 (Remarks), in pertinent part, shows he served in Vietnam from
14 October through 30 December 1969.

4.  A DD Form 214, issued on 14 May 1972 shows the applicant entered active duty as a commissioned officer, on 23 April 1970.  He was honorably REFRAD on 14 May 1972, and transferred to the USAR Control Group (Reinforcement).  It also shows in:

   a.  Item 22, block a, line 1 - 2 years and 22 days; line 2 - 2 years, 7 months, and 20 days; line 3 - 4 years, 8 months, and 12 days; and block b - 4 years,
8 months, and 12 days; and

	b.  Item 24 shows he was awarded the Army Commendation Medal.

5.  Headquarters, 1st Aviation Battalion, General Orders Number 97, dated
7 January 1970, show the applicant was assigned to the 235th Aviation Company (Aerial Weapons) and awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam (RVN) from 24 October to 4 November 1969.

6.  The applicant's records show he served in the USAR from 15 May 1972 through 8 November 1978; the Oregon Army National Guard (ARNG) from
9 November 1978 through 9 March 1980; the Washington ARNG from
10 March 1980 through 7 May 1984; and the USAR Control Group (Reinforcement) from 8 May 1984 through 21 August 1985.  There is no evidence the applicant was ordered to active duty (other than for active duty for training) during these periods of service.

7.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active enlisted service.  This is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have received all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) 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.  

10.  Appendix B of Army Regulation 600-8-22 lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970 campaigns.  This regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

11.  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 pamphlet shows that at the time of the applicant's assignment to the 235th Aviation Company (Aerial Weapons), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 52 (1971).

12.  Army Regulation 600-8-22 shows that the Humanitarian Service Medal was established by Executive Order 11965 on 19 January 1977.  The Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

13.  Army Regulation 600-8-22 does not show the Valley Forge Cross as a Department of Defense or U.S. Army military award or decoration.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation [emphasis added].  Therefore, it is important the information entered thereon is complete and accurate as of that date.

15.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) of the Separation Documents regulation contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders:

	a.  Paragraph 46 (Item 22) provides detailed instructions for computing creditable service for basic pay, as follows:

       (1)  block a, line 1, states enter the total service completed between the inclusive dates of the current tour of duty;

	    (2)  block a, line 2, states enter all prior service excluding any service shown in item 22, block a, line 1;

	    (3)  block a, line 3, states enter the total service by adding lines 1 and 2; and

	    (4)  block b states enter the total active service the individual has completed beginning with the earliest period of active service up to and including the current period of active duty, less any period served in the ARNG or USAR not on active duty, and less time lost.

   b.  Paragraph 53 (Item 24 - Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states enter decorations, service medals, campaign medals, and badges awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his final DD Form 214 should be corrected to show his National Guard service and all of his awards, including the Purple Heart, Air Medal(s), Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Humanitarian Service Medal, and Valley Forge Cross.

2.  Records show the applicant served on active duty from 23 September 1968 through 22 April 1970.  A computation of service for this period equates 1 year and 7 months.  Records also show this period of active service is recorded in item 22, block a, line 1 of his 1970 DD Form 214:

   a.  Records show the applicant had prior active enlisted service from
13 September 1967 through 22 September 1968.  A computation of service for this period equals 1 year and 10 days.  Records also show this period of active service is recorded in item 22, block a, line 2 of his 1970 DD Form 214; and

   b.  The sum of the applicant's two periods of active service (i.e., 1 year and 
7 months plus 1 year and 10 days) equals 2 years, 7 months, and 10 days.  In addition, the applicant's 1970 DD Form 214 confirms this total service/total active service is recorded in item 22, block a, line 3, and block b;

3.  Records show the applicant served on active duty from 23 April 1970 through 14 May 1972.  A service computation for this period of service shows that it equates to 2 years and 22 days.  Records also show this period of active service is recorded in item 22, block a, line 1 of his 1972 DD Form 214:

   a.  Records show the applicant had two periods of prior active duty service (as outlined in paragraph 2, above) totaling 2 years, 7 months, and 10 days [emphasis added].  Records show the applicant’s prior active service is recorded in item 22, block a, line 2 of his 1972 DD Form 214 as 2 years, 7 months, and
20 days [emphasis added].  It is noted that this represents a 10-day error in favor of the applicant;

   b.  The sum of the applicant's active duty service (i.e., 2 years and 22 days plus 2 years, 7 months, and 10 days) equals 4 years, 8 months, and 2 days [emphasis added].  Records show the applicant's total service and total active service is recorded in item 22, block a, line 3, and block b, of his 1972 DD Form 214 as 4 years, 8 months, and 12 days [emphasis added].  It is noted that this represents a 10-day error in favor of the applicant; and 
	c.  Notwithstanding the errors noted in paragraph 3a and 3b, above, no action is being taken to correct the applicant's 1972 DD Form 214 in this instance.

4.  Records show the applicant's service in the USAR and ARNG was subsequent to the two DD Forms 214 he was issued.  Therefore, the applicant is not entitled to correction of his DD Forms 214 to show this service.

5.  Army Regulation 635-5, in effect at the time the applicant was REFRAD in 1970 and 1972, authorized only those decorations, service medals, campaign medals, and badges awarded or authorized during the period covered by the DD Form 214 to be entered in item 24:

   a.  General orders awarded the applicant the Air Medal and this award is recorded on his 1970 DD Form 214.  There is no evidence the applicant was awarded any additional awards of the Air Medal.  Therefore, the applicant is not entitled to correction of either of his DD Forms 214 with respect to the Air Medal;
   
   b.  The applicant's 1970 DD Form 214 shows he was awarded the Purple Heart.  Therefore, the applicant is not entitled to correction of his 1972 DD Form 214 to show this award;

   c.  The applicant's 1972 DD Form 214 shows he was awarded the Army Commendation Medal.  However, there are no orders documenting this award. Thus, the period of service that the Army Commendation Medal was awarded for cannot be determined from the available evidence.  Therefore, the applicant is not entitled to correction of his 1970 DD Form 214 to show this award;

   d.  The applicant served a qualifying period of active duty enlisted service for award of the Good Conduct Medal prior to being selected for appointment as a Reserve warrant officer with concurrent call to active duty.  Thus, it is reasonable to conclude that the applicant had "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Therefore, it would be appropriate to approve this award.  A copy of the applicant's 1968 DD Form 214 is not available for correction; however, as an exception to policy it will be added to his 1972 
DD Form 214;

   e.  The applicant qualified for award of the National Defense Service Medal. Therefore, it would be appropriate to correct his 1970 DD Form 214 to show this service medal;

   f.  The applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his 1970 DD Form 214 to show award of the Vietnam Service Medal with two bronze service stars; and

   g.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his 1970 DD Form 214 to show this foreign unit award.

6.  The Humanitarian Service Medal was established on 19 January 1977 which was subsequent to both of his DD Forms 214 being issued.  Thus, the applicant would have been awarded the Humanitarian Service Medal during his NGB or USAR service.  Therefore, the applicant is not entitled to correction of his DD Forms 214 to show this service medal.

7.  The evidence of record fails to show the Valley Forge Cross as an authorized Department of Defense or U.S. Army military award.  It is believed that this may be a State award.  State awards are not authorized for entry on the DD Form 214.  Therefore, the applicant is not entitled to correction of his DD Forms 214 to show this award.

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:

   a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 13 September 1967 to 22 September 1968 and adding it to his 1972 DD Form 214; and

   b.  deleting from item 24 of his 1970 DD Form 214 the Vietnam Service Medal and adding to item 24 the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
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 additional creditable service based on his National Guard service, more than one Air Medal, the Purple Heart, Army Commendation Medal, Humanitarian Service Medal, Valley Forge Cross, and correction of his 1972 DD Form 214 other than as amended, above.



      _______ _   _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)                                         AR20090009730



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ABCMR Record of Proceedings (cont)                                         AR20090009730



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