BOARD DATE:	 22 June 2010  

		DOCKET NUMBER:  AR20090019491 


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 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the following:

* Two awards of the Air Medal
* Army Commendation Medal with “V” device
* Three bronze service stars on his Vietnam Service Medal
* Three awards of the Meritorious Unit Commendation (which he refers to as the Meritorious Unit Emblem)
* Valorous Unit Award
* Qualification as a sharpshooter with the M-16
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states he was unaware he could have the corrections made until he talked with a Veteran’s Affairs Service Officer.

3.  The applicant provides:

* A copy of orders awarding him the Air Medal (First Oak Leaf Cluster) 
* A copy or orders awarding him the Army Commendation Medal with “V” device
* A copy of a form authorizing issuance of various awards and decorations by the U.S. Army Support Activity in Philadelphia


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 and entered active duty as a Regular Army Soldier on 16 August 1965.

3.  He served his initial tour of duty in Vietnam between 20 June 1966 and 
18 June 1967 where he was assigned to the 116th Aviation Company between June 1966 and February 1967 and to the 392nd Transportation Detachment between March and June 1967.  

4.  During his initial tour of duty in Vietnam he was awarded:

   a.  an Air Medal for meritorious achievement during the period 23 August 1966 and 21 March 1967.  Orders issued by the 1st Aviation Brigade confirmed the award.
   
   b.  an Army Commendation Medal with “V” device for his heroic actions on 
2 May 1967.  Orders issued by the 1st Aviation Brigade confirmed the award.

5.  The applicant served his second tour of duty in Vietnam between 31 March 1968 and 2 August 1968.  He was assigned to the 1st Military Intelligence Battalion during this tour.  On 1 June 1968 he was awarded his second Air Medal (First Oak Leaf Cluster) for meritorious achievement.

6.  While the applicant’s records confirm he qualified as an expert with the M-14 rifle and was awarded the associated badge and component bar, there is no evidence confirming he qualified as a sharpshooter with the M-16 rifle.

7.  On 2 August 1968 the applicant was released from active duty with an honorable characterization of service.
8.  Item 24 (Decorations, Medals, Badges, Commendations, Citation and Campaign Ribbons awarded or Authorized) on his DD Form 214 reflects the following:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal 
* Air Medal
* Expert Badge (M-14)
* Army Commendation Medal
* Good Conduct Medal

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s two tours in Vietnam he participated in a total of six campaigns; three during his initial tour and three during his second tour.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and that a silver service star will be worn to reflect participation in five campaign periods.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet notes the following:

   a.  The 116th Aviation Company was awarded three Valorous Unit Awards and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was a member of that organization;

   b.  The 392nd Transportation Detachment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was a member of that organization;

   c.  The 116th Aviation Company and the 392nd Transportation Company were recognized as part of a Meritorious Unit Commendation which was awarded to elements of the 1st Aviation Brigade in Department of the Army General Order 48, dated 1968 for the period 1 January to 31 December 1967;

   d.  The 1st Military Intelligence Battalion was awarded a Meritorious Unit Commendation while the applicant was a member of that organization.




11.  While Department of the Army Pamphlet 672-3 also shows the 116th Aviation Company and 392nd Transportation Detachment were in fact awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither award was received while the applicant was a member of either organization.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded two awards of the Air Medal and has orders which confirm both awards.  His records should be corrected accordingly.

2.  The evidence also confirms the applicant was awarded an Army Commendation Medal with “V” device.  There is, however, no evidence he was awarded any other Army Commendation Medal for service or achievement.  It is reasonable, therefore, to conclude the “V” device was merely omitted from the Army Commendation Medal recorded on his DD Form 214.  As such, it would be appropriate to add the “V” device to the existing entry.

3.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in six campaigns during his two tours of duty in Vietnam.  Therefore, he is entitled to award of one silver service star (denoting five campaign periods) and one bronze service star (denoting his sixth campaign period) to be affixed to the already-awarded Vietnam Service Medal.

4.  Based on his assignment to various units during his tours of duty in Vietnam, the applicant is entitled to three Valorous Unit Awards, two Meritorious Unit Commendations, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected accordingly.

5.  There is no evidence confirming the applicant qualified as a sharpshooter with the M-16 rifle and as such there is no basis to add the associated badge to his DD Form 214.

6.  While the evidence does confirm the applicant’s entitlement to two Meritorious Unit Commendations, there is no evidence of entitlement to a third Meritorious Unit Commendation.  Additionally, while units the applicant was assigned to while in Vietnam were awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the applicant was not assigned to either unit during the period recognized by that award and as such is not entitled to have the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation added to his DD Form 214.
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 Air Medal from his DD Form 214 and replacing it with two awards of the Air Medal;
   
   b.  amending his DD Form 214 to add the “V” device to his already-awarded Army Commendation Medal and to add a silver service star and bronze service star to his already-awarded Vietnam Service Medal; and
   
   c.  adding to his 1968 DD Form 214 three Valorous Unit Awards, two Meritorious Unit Commendations, and two Republic of Vietnam Gallantry Cross with Palm Unit Citations.

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 award of a third Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and qualification as a sharpshooter with the M-16 rifle.




      _______ _  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)                                         AR20090019491



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ABCMR Record of Proceedings (cont)                                         AR20090019491



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