IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100010980 


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 records to show all of the awards and decorations he was authorized to wear on his uniform at the time he was on active duty, including the Army Good Conduct Medal, Presidential Unit Citation, Meritorious Unit Commendation, and French Fourragere.

2.  The applicant states that he was assigned to Battery A, 3rd Battalion,
82nd Artillery, 196th Infantry Brigade (Army Post Office  96256), and attached to the 6th Battalion, 11th Artillery, on 1 March 1971.  He adds his Battery provided support to the 2nd Battalion, 1st Infantry, and Fire Base A2.  He also states he knows first-hand the conditions that the Soldiers of the unit went through and he is entitled to the unit's awards.

3.  The applicant provides a copy of an Operational Report, dated 1 May 1971, in support of his application.

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 in the Regular Army for a period of 3 years on 22 May 1970.  Upon completion of training he was awarded military occupational specialty 13A (Field Artillery Basic).

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

   a.  item 29 (Qualification in Arms) he qualified Sharphooter with the M-16 rifle on 7 July 1970 and First Class [Sharpshooter] with the hand grenade on 9 July 1970;

   b.  item 31 (Foreign Service) he served in Vietnam from 30 December 1970 through 13 December 1971;

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

       (1)  the 23rd Adjutant General Replacement Detachment from 2 January through 13 January 1971;

       (2)  Battery A, 3rd Battalion, 82nd Artillery, from 14 January through
9 December 1971; and

       (3)  that he received "excellent" conduct and efficiency ratings throughout his period of service, with the exception of one efficiency rating of "academic good" while he was a student during the period 9 August to 8 October 1970;

	d.  item 39 (Campaigns) that he served in Vietnam during the Vietnam Counteroffensive Phase VII and also an [as then] unnamed campaign; and

	e.  item 41 (Awards and Decorations) the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, Vietnam Service Medal, and Army Commendation Medal.

4.  A copy of a Disposition Form, dated 7 February 1972, subject:  Release from Active Duty to Serve with USAR [U.S. Army Reserve] Unit, shows the applicant's company commander recommended approval and rated the applicant's conduct and efficiency as "excellent."

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on
27 March 1972 and he transferred to a USAR unit to complete his remaining Reserve obligation.  At the time he had completed 1 year, 10 months, and 6 days of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device [1960], Army Commendation Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  There is no evidence in the applicant's military personnel records that the applicant received the first award of the Army Good Conduct Medal.  There is also no record of conviction by court-martial or any adverse information.

7.  There is no evidence in the applicant's military personnel records that he was authorized the Presidential Unit Citation, Meritorious Unit Commendation, or French Fourragere.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 individual award orders pertaining to the applicant.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

   a.  A review of this pamphlet failed to show either Battery A, 3rd Battalion,
82nd Artillery, or the 6th Battalion, 11th Artillery, were awarded the Presidential Unit Citation, Meritorious Unit Commendation, or French Fourragere during the period the applicant's overseas assignment in Vietnam.

   b.  Paragraph 6d states that Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  In support of his application, the applicant provides a copy of an Operational Report - Lessons Learned for Period Ending 30 April 1971, RCS CSFOR-65 (R3), dated 1 May 1971, marked "Confidential" that indicates it was declassified per "Authority 873541 by the National Archives and Records Administration on 10/06."  This document shows that Battery A, 3rd Battalion, 82nd Artillery, was attached to the 6th Battalion, 11th Artillery, on 1 March 1971.  It also shows Battery A's movements in Vietnam during March and April 1971; and that the Battery returned to the control of the 3rd Battalion, 82nd Infantry, on 8 April 1971.

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

12.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal with two bronze service stars to signify his participation in two campaigns.

   a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam Conflict campaign a member is credited with participating in.

   b.  Table B-1 contains a list of Vietnam campaigns and it shows that during the applicant's tour in Vietnam from 30 December 1970 to 13 December 1971, he participated in the following campaigns:
   
* Vietnam Counteroffensive Phase VII  (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

13.  Army Regulation 672-5-1 (Military 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

14.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Presidential Unit Citation 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. 

   b.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operation.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.  

   c.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal, or ribbon authorized for wear by members of the unit.

15.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) provides policy governing wear of Army uniforms and items authorized for wear on the uniform.

   a.  Unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

   b.  An individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

16.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in pertinent part, states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of the awards and decorations he was authorized to wear on his uniform at the time he was on active duty, including the Army Good Conduct Medal, Presidential Unit Citation, Meritorious Unit Commendation, and French Fourragere.

2.  The applicant's contentions concerning unit awards were carefully considered.

   a.  The sincerity of the applicant's comments is not in question.  In fact, the Army regulation governing items authorized for wear on the Army uniform provides that a Soldier who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear of the unit award.  Thus, this may offer an explanation to support the applicant's contention.

   b.  However, there is no evidence in the applicant's military personnel records or the governing Department of the Army Pamphlet that his assigned unit (or the units of attachment he identified) were authorized the Presidential Unit Citation, Meritorious Unit Commendation, or French Fourragere during the period of his overseas assignment in Vietnam.  Therefore, there is insufficient evidence to support the applicant's claim to these unit awards in this case.

3.  General orders awarded all units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign unit award.

4.  The applicant served a qualifying period of active service from 22 May 1970 to 27 March 1972 for the first award of the Army Good Conduct Medal.

   a.  He received "excellent" conduct and efficiency ratings throughout his period of service, with one (non-disqualifying) efficiency rating of "academic good" while he was a student.

   b.  There is no record of a commander's disqualification for the award.

   c.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

5.  The applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show award of three bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  Records show the applicant qualified First Class (Sharpshooter) with the Hand Grenade.  Therefore, it would be appropriate to show this badge with the component bar on 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.  awarding him the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity for the period 22 May 1970 to 27 March 1972;

   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars; and
   
   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st Award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Grenade 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 the Presidential Unit Citation, Meritorious Unit Commendation, and French Fourragere.



      _______ _   _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)                                         AR20100010980



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ABCMR Record of Proceedings (cont)                                         AR20100010980



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