IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100010893 


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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show all of his authorized awards.

2.  The applicant states his DD Form 214 does not properly list his:

* Vietnam Service Medal with battle stars
* Army Commendation Medal and Air Medal with "V" Device
* Vietnam Campaign Medal with 1960 Device, his unit awards, or his marksmanship badges

3.  The applicant provides his DD Form 214; a letter from the National Personal Records Center, St. Louis, MO; dated 27 April 2007; Orders for the Army Commendation Medal and Air Medal (both with "V" Device); an Air Medal Certificate; and an internet printout showing the Presidential Unit Citation was awarded to the 3rd Battalion, 47th Infantry Regiment.

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 on 4 May 1967.  He completed training and was initially awarded the military occupational specialty (MOS) 11C (Indirect Fire Crewman).  He subsequently completed additional training and he was awarded and served in MOS 64C (Heavy Vehicle Driver) and MOS 67U (CH47 Helicopter Repairman).  He was honorable discharged on 30 March 1968 for the purpose of immediate enlistment.  

3.  He enlisted in the Regular Army on 31 March 1968.  

4.  9th Infantry Division General Orders Number 2556, dated 19 April 1968, awarded the applicant the Army Commendation Medal with "V" Device for his actions between 31 January and 2 February 1968.

5.  1st Aviation Brigade General Orders Number 4511, dated 11 September 1969, awarded the applicant the Air Medal for meritorious achievement during the period 31 July through 16 August 1969.

6.  1st Aviation Brigade General Orders Number 2139, dated 7 April 1970, awarded the applicant the Air Medal (2nd award) with "V" Device. 

7.  1st Aviation Brigade General Orders Number 6822, dated 20 July 1969, awarded the applicant the Army Commendation Medal for meritorious achievement for 22 March 1970 to 18 July 1970.

8.  1st Aviation Brigade General Orders Number 9725, dated 1 October 1970, awarded the applicant the Army Commendation Medal for meritorious service with 1st Oak Leaf Cluster for service from November 1969 to September 1970.

9.  On 5 November 1970, the applicant was honorably released from active duty under the early separation of overseas returnee program in the rank of specialist five and transferred to the United States Army Reserve Control Group.  He had completed a total of 3 years, 6 months, and 1 day of active service with no lost time.

10.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, "Vietnam Campaign Medal," Air Medal, Combat Infantryman Badge, and the Army Commendation Medal with 1st Oak Leaf Cluster.
11.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was promoted to specialist five on 26 November 1969; he qualified as a sharpshooter with the M-14 rifle; and he qualified as an expert with the 81mm mortar, .45 caliber pistol, and M-16 rifle.

12.  His DA Form 20 shows he served in Vietnam from 20 October 1967 through 19 October 1968 and from 20 July 1969 through 1 November 1970.  The DA Form 20 also shows:

   a.  He served with Company B, 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division in MOS 11C from 20 October 1967 through 4 April 1968;

   b.  He served with the 271st Aviation Company from 5 April 1968 through 
14 October 1968 as a 67U

   c.  He served with the 271st Aviation Company from 27 June 1969 through
31 October 1970 as a 67U;

   d.  He participated during four campaign periods;

   e.  He was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Army Commendation Medal, Combat Infantryman Badge, Air Medal  (2nd Award) with "V" Device, Army Commendation Medal with first Oak Leaf Cluster, Army Commendation Medal with "Device";

   f.  His conduct and efficiency ratings were exclusively "excellent."

13.  The National Personal Records Center letter, dated 27 April 2007, states the applicant's authorized awards are the Air Medal with "V" Device, Army Commendation Medal with one Oak Leaf Cluster, Presidential Unit Citation, Meritorious Unit Commendation, National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Expert Marksmanship Qualification Badge with Mortar and Pistol Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

14.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  It states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  This document shows that while the applicant was assigned to:

   a.  The 3rd Battalion, 47th Infantry Regiment, from 20 October 1967 through 4 April 1968, it was cited for award of the Presidential Unit Citation (by Department of Army General Order 45, dated 1969, (DAGO 45, 1969), Meritorious Unit Commendation (DAGO 36, 1970), Republic of Vietnam Gallantry Cross with Palm Unit Citation (DAGO 31, 1969), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (DAGO 59, 1969);

   b.  The 271st Aviation Company, from 5 April 1968 through 14 October 1968, it was cited for award of the Meritorious Unit Commendation (DAGO 37, 1970) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (DAGO 46, 1969); and

   c.  The 271st Aviation Company, from 27 June 1969 through 31 October 1970, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (DAGO 52, 1971).

16.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

17.  Army Regulation 600-8-22 (Military Awards) provides the following information:

	a.  the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal and the Air Medal;

	b.  an Arabic numeral, starting with 2, is used to denote second and subsequent awards of the Air Medal; 

	c.  an Oak Leaf Cluster is awarded to denote the second and succeeding award of the Army Commendation Medal and unit awards; and
	d.  a bronze service star is authorized, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following eight campaign periods:  the Counteroffensive Phase III, 1 June 1967 - 29 January 1968; Tet Counteroffensive, 30 January 1968 - 1 April 1968; Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; Counteroffensive Phase V, 1 July 1968 – 1 November 1968; Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; DA Sanctuary Counteroffensive 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

18.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states that all awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22 and abbreviations are not to be used. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 does not properly list his Army Commendation Medal and Air Medal with "V" Device, Vietnam Campaign Medal with 1960 Device, Vietnam Service Medal with battle stars (i.e., bronze service stars), unit awards, or marksmanship badges.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The available record contains no evidence of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 4 May 1967 through 3 May 1970.

3.  The applicant was awarded the Air Medal twice, once for heroism and once for meritorious achievement.  The DD Form 214 shows only one award without the "V" Device.  It would be appropriate to correct his DD Form 214 to show the Air Medal with Numeral 2 and "V" Device.

4.  The applicant was awarded the Army Commendation Medal three times, once for heroism, once for meritorious achievement, and once for meritorious service.  The DD Form 214 shows the award with 1st Oak Leaf Cluster omitting the "V" Device.  It would be appropriate to correct his DD Form 214 to show the Army Commendation Medal with 2nd Oak Leaf Cluster and "V" Device.

5.  The applicant served in Vietnam during eight campaign periods and he is authorized to wear a silver service star and three bronze service stars on his Vietnam Service Medal.

6.  Units the applicant served with in Vietnam were awarded the Presidential Unit Citation and two Meritorious Unit Commendations.  These awards are not included on the DD Form 214.  It would be appropriate to correct his DD Form 214 to show award of the Presidential Unit Citation and the Meritorious Unit Commendation with 1st Oak Leaf Cluster.

7.  The applicant served with the 271st Aviation Company in Vietnam during two separate periods for which it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Additionally, while serving with 3rd Battalion, 47th Infantry Regiment it was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation as well as the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The applicant's records do not reflect these awards.  Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd award).

8.  The proper name for the "Vietnam Campaign Medal" is the Republic of Vietnam Campaign Medal with Device (1960).  It would be appropriate to correct his DD Form 214 to show the proper and complete name.

9.  The applicant's award of the Expert Marksmanship Qualification Badge with Mortar, Pistol, and Rifle (M-16) Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar were omitted from his DD Form 214.  It is appropriate to correct the DD Form 214 to include these awards.

10.  Due to the number of errors, omissions, and improper sequence of the awards in block 24 (Decoration, Medal, Badges, Commendations, Citations, and Campaign Ribbons) on the applicant's DD Form 214 it would be appropriate to delete the entries and add the following entries:  the Air Medal with Numeral 2 

and "V" Device, Army Commendation Medal with 2nd Oak Leaf Cluster and "V" Device, Presidential Unit Citation, Meritorious Unit Commendation with 1st Oak Leaf Cluster, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with one silver service star and three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Campaign Medal with Device (1960),Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Mortar, Pistol, and Rifle (M-16) Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

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 the applicant the Good Conduct Medal for the period 4 May 1967 through 3 May 1970;

	b.  deleting all award entries at block 24 on the DD Form 214; and 

	c.  showing, at block 24 on the DD Form 214, his awards are the Air Medal with Numeral 2 and "V" Device; Army Commendation Medal with two Oak Leaf Clusters and "V" Device; Presidential Unit Citation; Meritorious Unit Commendation with One Oak Leaf Cluster; Good Conduct Medal; National Defense Service Medal; Vietnam Service Medal with one silver and three bronze service stars; the Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(3rd award); Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; Republic of Vietnam Campaign Medal with Device (1960); Combat 

Infantryman Badge; Expert Marksmanship Qualification Badge with Mortar, Pistol, and Rifle (M-16) Bars; and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.



      _______ _   __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)                                         AR20100010893



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ABCMR Record of Proceedings (cont)                                         AR20100010893



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