IN THE CASE OF:	  

		BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012732 


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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, the Good Conduct Medal, the Defense Distinguished Service Medal, the Valorous Unit Emblem (also known as the Valorous Unit Award), the Army Commendation Medal with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle (M-16), Automatic Rifle (M-14), and Machine Gun Bars. 

2.  The applicant states, in effect, that he was issued the above mentioned awards as evidenced by the DA Form 1577 (Authorization for Issuance of Awards) but they are not listed on his DD Form 214.  He indicates that he served in Vietnam in the infantry during the period 31 March 1970 through 17 January 1971.

3.  The applicant provides a copy of his DD Form 214 and a DA Form 1577 in support of his 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 was inducted into the Army of the United States on 17 April 1969.  He arrived in Vietnam on 31 March 1970.  He served as an infantryman assigned to Companies E and D, 1st Battalion, 12th Cavalry of the 1st Cavalry Division in Vietnam from 10 April 1970 through 17 January 1971.  On 18 January 1971, he was released from active duty in the rank of sergeant after completing 
1 year, 9 months, and 2 days of creditable active service with no time lost. 

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, the Bronze Star Medal, and the Army Commendation Medal as authorized awards.

4.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 7 June 1969.

5.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Machine Gun Bar on 8 August 1969.

6.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 11 August 1969.

7.  There are no orders for the Army Commendation Medal in the available records.  However, Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 13664, dated 28 July 1970, show the applicant received the Army Commendation Medal with "V" Device for heroism on 19 May 1970 in Vietnam.    

8.  Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 235, dated 23 August 1970, show the applicant received the Combat Infantryman Badge.    

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

10.  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 the applicant's unit at the time of his assignment was awarded the Valorous Unit Award for actions during the period 1 May 1970 to 29 June 1970 based on Department of the Army General Orders (DAGO) Number 43, dated 1972. 

11.  Department of the Army Pamphlet 672-3 shows the applicant's unit 
at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19-27 May 1970 based on Department of the Army General Orders (DAGO )Number 55, dated 1971; this unit received a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 based on DAGO Number 42, dated 1972; and this unit received a third award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
17 September 1965 to June 1972 based on DAGO Number 54, dated 1974.

12.  Paragraph 6 (Miscellaneous Information) of DA Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any 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.

13.  In support of his claim, the applicant provided a DA Form 1577, dated 
17 December 1985, which shows the Army Reserve Personnel Center in St. Louis, Missouri authorized the issuance of awards, which included the letter "V" Device (award code 38); the Good Conduct Medal (award code 15); the Valorous Unit Emblem (award code 18); the Vietnam Service Medal (award code 31) with three bronze service stars; the Combat Infantryman Badge (award code 34); and the Expert Marksmanship Badge with Rifle, Automatic Rifle, and Machine Gun Bars.  This form also states that the letter "V" device is to be worn on the Army Commendation Medal and that the applicant was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

14.  Army Regulation 672-5-1, in effect at the time, 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 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

15.  Army Regulation 600-8-22 (Military Awards) states that the Defense Distinguished Service Medal was established by Executive Order 11545 on 
9 July 1970.  It is awarded by the Secretary of Defense to officers of the Armed Forces of the United States whose exceptional performance of duty and contributions to national security or defense have been at the highest levels. 

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this badge. 

2.  The applicant was separated in the rank of sergeant with 21 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 
17 April 1969 through 18 January 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Although the applicant contends that the DA Form 1577 he provided shows he was issued the Defense Distinguished Service Medal (award code 3), the DA Form 1577 shows he was awarded the Vietnam Service Medal (award code 31) with the number "3" under the column for bronze service stars.  Since the Defense Distinguished Service Medal is awarded only to officers, there is no basis for granting the applicant's request to show this medal on his DD Form 214.   

4.  The applicant's unit was cited for award of the Valorous Unit Award while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.  

5.  The applicant’s DD Form 214 shows the Army Commendation Medal as an authorized award.  However, there are no orders for this medal.  Orders do show he received the Army Commendation Medal with "V" Device.  Therefore, it would be appropriate to correct his DD Form 214 to show the Army Commendation Medal with "V’ Device.




6.  The applicant's unit was cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) and Machine Gun Bar.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges. 

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.  deleting the entry "ARMY COMMENDATION MEDAL" on his DD Form 214; and

	b.   adding the Combat Infantryman Badge, the Good Conduct Medal, the Valorous Unit Award, the Army Commendation Medal with "V" Device, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16), and the Expert Marksmanship Qualification Badge with Machine Gun Bar on his DD Form 214. 
 






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 amending his DD Form 214 to add the Defense Distinguished Service Medal.  




      _______ _   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)                                         AR20090012732





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ABCMR Record of Proceedings (cont)                                         AR20090012732



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