IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100007805 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his duty assignments in Vietnam and the following awards:

* Good Conduct Medal
* Army Service Ribbon
* Army Commendation Medal
* Bronze Star Medal
* Presidential Unit Citation

2.  The applicant states:

* His DD Form 214 does not show he was assigned to the 1st Battalion, 44th Artillery while he was in Vietnam.  He was also assigned to Headquarters and Headquarters Battery but spent most of his time with "G65" Battery
* Additionally, he was assigned to B Battery for 1 month in November 1971
* He was told he had been "put in" for the above awards
* His authorized awards should be sent to him

3.  The applicant provides a self-authored statement dated 15 January 2010.




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.  On 17 November 1969, the applicant enlisted in the Army for 3 years, in pay grade E-1.  He successfully completed training as a recovery specialist.  

3.  Special Orders Number 42 were published on 10 March 1970 awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  He was transferred to Germany on 10 April 1970 and he was assigned to Company A, 71st Maintenance Battalion.  He was promoted through the ranks to the rank and pay grade of Specialist Five (SP5), E-5.

5.  The applicant departed Germany, arriving in Vietnam on 19 March 1971.  He was assigned to Battery B, 1st Battalion, 44th Artillery and further assigned to Company A, 815th Engineer Battalion (Construction) on 24 November 1971.

6.  While in Vietnam, he participated in the following three campaigns:

* Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971
* Consolidation I, which extended from 1 July 1971 through 30 November 1971
* Consolidation II, which extended from 1 December 1971 through 29 March 1972

7.  The applicant's records show his conduct and efficiency ratings were "excellent" while he was in the Army.




8.  The applicant departed Vietnam and arrived in the United States on 
20 January 1972 and he was honorably released from active duty on 21 January 1972, due to Phasedown Release Programs.  His DD Form 214 shows the follow awards:

* National Defense Service Medal
* Vietnam Service Medal with two bonze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

9.  Item number 12 (Last Duty Assignment and Major Command) on his
DD Form 214 shows Company A, 815th Engineer Battalion (Construction).  It also shows his last duty assigned was in U.S. Army Vietnam (USARV).

10.  A review of the available record does not contain orders awarding him any of awards he contends should be added to his DD Form 214.  However, his records contain no derogatory information that would have disqualified him from being awarded the Good Conduct Medal.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the awards he is requesting.

12.  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 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.  

13.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 to 9 October 1971 by Department of the Army General Order Number 6, dated 1974.

14.  Records show the applicant was awarded the Vietnam Service Medal with two bronze service stars.  He participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to an additional bronze service star to be affixed to the Vietnam Service Medal.

15.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.  However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional).

16.  Army Regulation 600-8-22 (Military Awards), currently in effect, states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

   a.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   b.  Army Regulation 600-8-22 also states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

17.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD or discharge.  It states for 

personnel reassigned on orders to a transfer activity or to a medical holding detachment prior to separation, enter the losing unit of assignment as shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit as shown in the lead line "Maj Comd/Agcy" of the orders reassigning the individual to the transfer activity or the medical holding detachment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered; however, his DD Form 214 properly reflects his last duty assignment and major command.  There is no provision in the applicable regulation for including all of his duty assignments while in Vietnam or otherwise on his DD Form 214.

2.  A review of the applicant's records fails to show he was ever awarded any of the awards that he requested:

* Good Conduct Medal
* Army Service Ribbon
* Army Commendation Medal
* Bronze Star Medal
* Presidential Unit Citation

3.  Therefore, the above awards were properly omitted from his DD Form 214.  

4.  However, the applicant's records contain no derogatory information that would have disqualified him from being awarded the Good Conduct Medal and his conduct and efficiency rating were "excellent" while he was in the Army.  It would be appropriate to award him the Good Conduct Medal at this time and to correct his DD Form 214 accordingly.

5.  Special Orders Number 42 were published on 10 March 1970 awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.  This award should have been included on his DD Form 214 at the time it was prepared and it would be appropriate to include this award now.  

6.  Based on the evidence contained in his record he is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one additional bronze service star to be affixed to his Vietnam Service Medal with two bronze service stars.  These awards should also be included on his DD Form 214.

7.  In view of the foregoing, it would be appropriate to correct 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.  awarding him the Good Conduct Medal for the period 17 November 1969 through 21 January 1972, while serving in the rank of SP5, E-5;

	b.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars; 

	c.  adding to his DD Form 214 the Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with three bronze service stars, and Expert Marksmanship Qualification Badge with Rifle Bar; and 

	d.  providing him a document to show the above corrections.

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 show all of his duty assignments in Vietnam and the Army Service Ribbon, Army Commendation Medal, Bronze Star Medal, and Presidential 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)                                         AR20100007805



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ABCMR Record of Proceedings (cont)                                         AR20100007805



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