BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090016693 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be updated to include all of his authorized awards and that the awards be reissued.

2.  The applicant states he received the Army Good Conduct Medal after he returned from Vietnam.  He never noticed that the Republic of Vietnam (RVN) Gallantry Cross was not listed on his DD Form 214.

3.  In support of his request, the applicant provides a copy of his 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 enlisted in the Regular Army on 1 June 1967, completed training as a Morse code intercept radio operator, and served in Turkey where he was promoted to pay grade E-5.  He then served in Germany.

3.  He served in Vietnam from 25 May 1970 to 17 May 1971 where he was assigned to the 856th Radio Research Detachment from 1 July 1970 to 5 October 1970.  From 6 October 1970 to 14 May 1971 he served with the 146th Aviation Company, 224th Aviation Battalion.

4.  Headquarters, U.S. Army Vietnam, general orders awarded the applicant the following:

	a.  General Orders Number 4234, dated 13 September 1970, Army Commendation Medal;

	b.  General Orders Number 062, dated 3 March 1971, Aircraft Crewman Badge;

	c.  General Orders Number 969, dated 20 March 1971, Air Medal;

	d.  General Orders Number 1656, dated 16 May 1971, another Army Commendation Medal [not designated "with 1st Oak Leaf Cluster"];

	e.  General Orders Number 2160, dated 23 June 1971, Air Medal (2nd-4th Awards).

5.  The applicant returned to the United States and was released from active duty on 17 May 1971.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons) of his DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Air Medal, and Aircraft Crewman Badge.

7.  Item 41 of his DA Form 20 (Enlisted Qualification Record) lists the same awards plus the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 38 (Record of Assignments) shows his conduct and efficiency ratings were exclusively "excellent."

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 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 had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) and the applicant's DA Form 20 show:

	a.  during his service with the 856th Radio Research Detachment the unit received the Meritorious Unit Commendation, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation and

	b.  while he was assigned to the 146th Aviation Company it received the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation.

10.  Paragraph 6 of Army Pamphlet 672-3 states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.

11.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  The Republic of Vietnam Campaign Medal with Device (1960) and the miniature medal are items of individual purchase.  The Ribbon with Device (60-) will be requisitioned per paragraph 1-45 only for initial issue to eligible individuals.

	b.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.  An oak leaf cluster is used to denote the second and succeeding awards of most individual decorations and many unit awards.

12.  Appendix B of the regulation shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in two campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  The ABCMR does not issue awards.  The applicant may receive authorized awards by submitting a letter request or the Standard Form 180 (Request Pertaining to Military Records) to the National Personnel Records Center, ATTN:  Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri  63132-5100.  Requests must include a copy of the DD Form 214 and any other supporting document(s).  The Standard Form 180 is available at http://www.archives.gov/st-louis/military-personnel/index.html.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he received the Army Good Conduct Medal after he returned from Vietnam.  He never noticed that the RVN Gallantry Cross was not listed on his DD Form 214.

2.  Considering the applicant's exclusively "excellent" conduct and efficiency ratings, his individual decorations and the absence of any discreditable information, he should have been awarded the Army Good Conduct Medal.  He states that he was, but that it was left off his DD Form 214.  It should be added to the DD Form 214 in accordance with his request.

3.  The applicant's individual decorations are misstated on his DD Form 214.  It should be corrected to show that he was awarded the Air Medal with Numeral 4 and the Army Commendation Medal with one Oak Leaf Cluster.

4.  The DD Form 214 also omitted his unit awards.  The Meritorious Unit Commendation with Oak Leaf Cluster, the RVN Gallantry Cross with Palm Unit Citation (2nd Award), and the RVN Civil Actions Honor Medal First Class Unit Citation should be added.

5.  His two bronze service stars were left off the Vietnam Service Medal and the entry for the Vietnam Campaign Medal requires "with Device (1960)" to be stated correctly.  The applicant's marksmanship qualification was omitted.

6.  The applicant can request issue of awards from the National Personnel Records Center.

7.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant's records as recommended below.



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 awards currently listed in item 24 of his DD Form 214 and

	b.  showing that his awards properly consist of the Air Medal with Numeral 4, Army Commendation Medal with Oak Leaf Cluster, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, RVN Campaign Medal with Device (1960), Meritorious Unit Commendation with Oak Leaf Cluster, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Aircraft Crewman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 reissuing his awards.



      ____________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)                                         AR20090016693



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ABCMR Record of Proceedings (cont)                                         AR20090016693



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