IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100000509 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his authorized awards and decorations.

2.  The applicant states he was awarded the Bronze Star Medal.  He also states his unit was awarded the Presidential Unit Citation (Army), Valorous Unit Award, and Meritorious Unit Commendation.  He further states his unit was cited twice for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and once for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant provides a copy of his DD Form 214 and extracts of seven general orders in support of his request.

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 on15 October 1965.  Upon completion of training he was awarded military occupational specialty (MOS) 72B (Communications Center Specialist).  He was promoted to sergeant (E-5) on 24 June 1967 and awarded MOS 11F (Operations and Intelligence Sergeant) as his primary MOS.  He was promoted to staff sergeant (E-6) on 31 December 1968.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Qualification in Arms) that he qualified Marksman with the M-16 rifle on 29 December 1966;

	b.  item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 16 February 1967 through 7 April 1969;

   c.  item 38 (Record of Assignments) that he was assigned to:

       (1)  Signal Company, 5th Special Forces Group (Airborne), 1st Special Forces, from 21 February through 7 May 1967;

       (2)  Headquarters and Headquarters Company, 5th Special Forces Group (Airborne), 1st Special Forces, from 8 May 1967 through 14 April 1968; and

       (3)  Special Operations Augmentation (B-52), 5th Special Forces Group (Airborne), 1st Special Forces, from 15 April 1968 through 24 March 1969;

	d.  item 39 (Campaigns) that he served during the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and Tet Counteroffensive; and

   e.  item 41 (Awards and Decorations) that he was awarded the Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, Vietnam Parachutist Badge, Republic of Vietnam Campaign Medal with Device (1960) [listed twice], Army Commendation Medal (2nd Award), Air Medal, four Overseas Service Bars, Navy Commendation Medal, Meritorious Unit Commendation, and Valorous Unit Award.

4.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders Number 480, dated 16 April 1969, awarded the applicant the Bronze Star Medal for meritorious service against a hostile force in the RVN from 15 February 1968 to 7 April 1969.

5.  Headquarters, U.S. Army Vietnam, General Orders Number 5749, dated
17 December 1968, awarded the Valorous Unit Award to Detachment B-52 (Project Delta), 5th Special Forces Group (Airborne), 1st Special Forces, for extraordinary heroism while engaged in military operations in the RVN during the period 4 March to 4 April 1968.

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 6 April 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

   a.  At the time he had completed 3 years, 5 months, and 22 days of net active service this period, and 2 years, 1 month, and 21 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar, Army Commendation Medal (1st Oak Leaf Cluster) [2nd Award], Air Medal, Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Parachutist Badge, and Navy Commendation Medal.

7.  In support of his application the applicant provides extracts of the following general orders:

   a.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders Number 480, dated 16 April 1969, that awarded the applicant the Bronze Star Medal for meritorious service against a hostile force in the RVN from 15 February 1968 to 7 April 1969.

   b.  Department of the Army, General Order (DAGO) Number 45, dated
16 July 1969, that awarded the Presidential Unit Citation (Army) to the
5th Special Forces Group (Airborne), 1st Special Forces, and its assigned and attached units for extraordinary heroism in combat operations in the RVN during the period 1 November 1966 through 31 January 1968.

   c.  DAGO Number 5, dated 27 January 1969, that awarded the Valorous Unit Award to Detachment B-52 (Project Delta), 5th Special Forces Group (Airborne), 1st Special Forces, and its assigned and attached units for extraordinary heroism while engaged in military operations in the RVN during the period 4 March to
4 April 1968.

   d.  DAGO Number 70, dated 13 November 1969, that awarded the Meritorious Unit Commendation to the 5th Special Forces Group (Airborne),
1st Special Forces, and its assigned and attached units for exceptionally meritorious achievement in performance of outstanding service in the RVN during the period 31 January to 31 December 1968.

   e.  DAGO Number 21, dated 8 April 1969, that awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Detachment B-52 (Project Delta), 5th Special Forces Group (Airborne), 1st Special Forces, for outstanding service during the period 15 May 1964 to 16 August 1968.

   f.  DAGO Number 59, dated 25 September 1969, that awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 5th Special Forces Group (Airborne) and its assigned and attached units for outstanding service during the period 1 October 1964 to 17 May 1969.

   g.  DAGO Number 48, dated 14 October 1971, that awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 5th Special Forces Group (Airborne), 1st Special Forces, and its assigned units for outstanding service during the period January 1968 through 24 September 1970.

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

9.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.

   a.  It states that 1 bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.  It also states that 1 silver service star may be worn on the service medal in lieu of 5 bronze service stars.

   b.  Table B-1 contains a list of Vietnam campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

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 that at the time of the applicant's assignment to the 5th Special Forces Group (Airborne), 1st Special Forces, the group was awarded the:

   a.  Presidential Unit Citation (Army) by DAGO Number 45 (1969);
   
   b.  Meritorious Unit Commendation by DAGO Number 70 (1969);

   c.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 59 (1969); and

   d.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48 (1971).

11.  Headquarters, 1st Training Brigade, Fort Jackson, SC, Special Orders 225, dated 7 December 1965, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

12.  Headquarters, 7th Special Forces Group (Airborne), 1st Special Forces, Fort Bragg, NC, Special Orders 259, dated 29 December 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.

13.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.

   a.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his entire period of military service.

   b.  A DA Form 137 (Installation Clearance Record), dated 28 March 1969, shows the applicant's commanding officer rated the applicant's conduct and efficiency as "excellent."  The commander also confirmed that the applicant had been recommended for a service or achievement award; however, the award had not been received.

   c.  There is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.
   
14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period 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 had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his authorized awards, including the Bronze Star Medal, Presidential Unit Citation (Army), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The evidence of record shows that:

   a.  general orders awarded the applicant the Bronze Star Medal;

   b.  special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar and Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar; and

   c.  general orders awarded the applicant's unit the Presidential Unit Citation (Army), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  [Although his unit was twice cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, no oak leaf cluster or other appurtenance is authorized for wear with this award and only one Republic of Vietnam Gallantry Cross with Palm Unit Citation award emblem is authorized to be worn on the Army uniform.]

   d.  Therefore, it would be appropriate to correct his DD Form 214 to show the aforementioned awards.

3.  The applicant qualified for award of the Vietnam Service Medal and he served in seven campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of one silver service star and two bronze service stars to be affixed on his already-awarded Vietnam Service Medal.

4.  The applicant served a qualifying period of active duty service from
15 October 1965 to 14 October 1968 for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to approve this award and show it on his DD Form 214.
BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding him the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 15 October 1965 to 14 October 1968;

   b.  deleting from item 24 of his DD Form 214 the "VSM" and "MKM M-14"; and
   
   c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal, Vietnam Service Medal with one silver service star and two bronze service stars, Sharpshooter Marksmanship Qualification Badge with
(M-14) Rifle Bar, Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, Presidential Unit Citation (Army), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _______ _   _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)                                         AR20100000509



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ABCMR Record of Proceedings (cont)                                         AR20100000509



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