IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100014906 


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 completion of the Jungle Operations Course
* award of or authorization to wear:

* Bronze Star Medal
* Army Good Conduct Medal
* Army Presidential Unit Citation
* Army Valorous Unit Award
* Vietnam Service Medal with one silver service star (in recognition of his participation in five combat campaigns in the Republic of Vietnam)
* Republic of Vietnam Gallantry Cross with Palm (as a personal decoration)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Tank Bar
* five overseas service bars
* Jungle Expert Badge
* Army Honorable Discharge Pin/Button [properly known as the Army Lapel Button]
* one service stripe
* Cold War Recognition Certificate
* combat spurs

2.  He states that after his discharge, he put his military time and records away in a shoe box.  In July 2010, he was diagnosed with leukemia and went to a Department of Veterans Affairs hospital and was entered into the Agent Orange register.  As part of this process, he had to provide his DD Form 214.  After reviewing it, he discovered the errors after 42 years.  He attributes the errors to an oversight in record keeping and the confusion during the Vietnam War period.

3.  He provides documentation to justify each of his requested corrections.

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.  His records show he enlisted in the Regular Army for a period of 3 years on 14 March 1966.  He completed initial entry training and was awarded military occupational specialty 11E (Armor Crewman).  At a later date, he was awarded MOS 11D (Armor Intelligence Specialist).  On 3 December 1968, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Reinforcement) in the rank/grade of specialist five/E-5.

3.  His record contains a DA Form 20 (Enlisted Qualification Record) which shows the following pertinent information:

* item 27 (Military Education) is blank
* item 31 (Foreign Service) he served overseas in:

* Hawaii from 3 August 1966 to 5 December 1967
* the Republic of Vietnam from 6 December 1967 to 30 November 1968

* 
item 38 (Record of Assignments) while serving in Republic of Vietnam, he was assigned to the following units for the periods shown:

* Troop E, 1st Cavalry Regiment, 11th Infantry Brigade, from 6 December 1967 to 9 June 1968 in duty MOS 11D as a senior scout observer
* Troop B, 1st Cavalry Regiment, 11th Infantry Brigade, from 10 June to 29 November 1968 in duty MOS 11D as a senior scout observer

* item 38 he received "fair" conduct and efficiency ratings for the period 10 June to 29 November 1968
* item 41 (Awards and Decorations) he was awarded or authorized to wear:

* Combat Infantryman Badge
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal "S" [for service] (pending approval as of 4 October 1968)
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  His record contains a DA Form 20B (Insert Sheet to DA Form 20 – Record of Court-Martial Conviction) which shows he was convicted by a special court-martial for being absent without leave (AWOL) from 13 to 29 November 1967.

5.  His record contains General Orders Number 8278 issued by Headquarters, Americal Division, on 1 November 1968 which show he was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from December 1967 to December 1968.

6.  On 5 December 1968, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued at the time of separation shows:

* item 22c (Foreign and/or Sea Service) he served a total of 2 years and 4 months of overseas service
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded or authorized to wear:

* Army Commendation Medal "S"
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

* item 25 (Education and Training Completed) he successfully completed General Education Development – High School Level
* item 30 (Remarks) he had 17 days of lost time due to being AWOL

7.  His record is void of any evidence showing he completed the Jungle Operations Course or was awarded any additional individual awards or decorations.

8.  A 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 orders awarding him additional awards.

9.  He provides:

	a.  Special Orders Number 141 issued by Headquarters, 1st Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY, on 15 July 1966 which show he was awarded the Expert Marksmanship Qualification Badge with Tank Bar effective 8 July 1966;

	b.  a narrative description of the "Order of the Spur" which depicts the history of the organization and the tradition of Cavalry units selectively awarding the combat spur to individuals based on unit-established criteria in a testing situation or by actual individual combat performance.  He contends that his receipt of the Combat Infantryman Badge for action while serving as a cavalry scout qualifies him for award of the combat spur and induction into the Order of the Spur;

	c.  an extract from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) which depicts the criteria for award of the Republic of Vietnam Gallantry Cross with Palm as a personal decoration.  He contends he earned this decoration based on his service in the Republic of Vietnam;

	d.  an extract from Army Regulation 600-8-22 (Military Awards) depicting the background and criteria for award of the Army Good Conduct Medal.  He states he believes he earned that honor and hopes the Board will honor his request by awarding him this medal;

	e.  an extract from Army Regulation 600-8-22 depicting the background and criteria for award of the Bronze Star Medal.  He contends he was awarded the Bronze Star Medal for his participation in "the battle on Cigar Island" between 17 and 24 June 1967.  He states he believes that after review of his service record, action reports, and morning reports of Troop B, 1st Squadron, 1st Cavalry, he earned that honor and hopes the Board will honor his request by awarding him this medal for meritorious service;

	f.  an extract from Army Regulation 600-8-22 depicting the background and criteria for award of the Presidential Unit Citation and an extract from Department of the Army Pamphlet 672-3.  He contends he earned this unit award based on his service in the Republic of Vietnam and the fact that it was awarded to his former unit;

	g.  an extract from Army Regulation 600-8-22 depicting the background and criteria for award of the Valorous Unit Award and an extract from Department of the Army Pamphlet 672-3.  He contends he earned this unit award based on his service in the Republic of Vietnam and the fact that it was awarded to his former unit;

	h.  an extract from Army Regulation 600-8-22 depicting the background and criteria for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and an extract from Department of the Army Pamphlet 672-3.  He contends he earned this unit award based on his service in the Republic of Vietnam and the fact that it was awarded to his former unit;

	i.  a self-authored statement and an extract of his former unit's history from an Internet website, both of which attest his unit underwent extensive jungle warfare training in Hawaii and as a result, they became known as the "Jungle Warriors."  He also provides a certificate showing another Soldier's successful completion of the Jungle Operations Course conducted at the U.S. Army School of the Americas located at Fort Gulick in the Panama Canal Zone on 28 July 1967.  He contends he earned the recognition of completing this training and associated award of the Jungle Expert Badge based on the extensive training he underwent while serving in Hawaii;

	j.  a narrative description and the criteria for award of the Army Lapel Button and contends he earned it based on his overall service and his receipt of an honorable discharge from the Army;

	k.  an extract from Army Regulation 600-8-22 depicting the criteria for award of bronze and silver service stars and an extract from Department of the Army Pamphlet 672-3.  He contends he earned a silver service star based on his participation in five campaigns during his service in the Republic of Vietnam;

	l.  a self-authored statement wherein he contends he earned the honor of being awarded five overseas service bars based on his overseas service in Hawaii and the Republic of Vietnam;

	m.  a self-authored statement wherein he contends he earned the honor of being awarded one service stripe based on his overall period of service; and

	n.  a Cold War Recognition Certificate awarded to him for his service during the Cold War.  He contends his receipt of this recognition should be added to his DD Form 214.

10.  His record is void of any evidence and he has not provided any evidence showing he was awarded the following awards or decorations:

* combat spurs
* Republic of Vietnam Gallantry Cross with Palm (as a personal decoration)
* Army Good Conduct Medal
* Bronze Star Medal
* Presidential Unit Citation
* Valorous Unit Award
* Jungle Expert Badge

11.  Combat spurs is a tradition within cavalry units, and they are not governed by the provisions of Army Regulation 600-8-22.

12.  U.S. Army Vietnam Regulation 672-2 (Decorations and Awards) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the commanding general of U.S. Army Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

13.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Army Regulation 672-5-1 (Decorations and 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 the 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.

15.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Army Regulation 600-8-22 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.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows that neither of his units of assignment was cited for award of the Presidential Unit Citation for actions during his period of assignment.

18.  Army Regulation 600-8-22 states the Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

19.  Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned was cited for award of the Valorous Unit Award for the period 24 August to 25 September 1968 by Department of the Army General Orders Number 53, dated 1970.

20.  The Jungle Operations Courses conducted at the U.S. Army School of the Americas located at Fort Gulick and in Hawaii were installation-level training courses.  They were both locally developed and conducted for the explicit purpose of preparing personnel for service in specific geographic regions.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it stated that installation-level training courses which were successfully completed by enlisted personnel during the period covered by the DD Form 214 would be entered in item 25.

21.  Army Regulation 600-8-22 states the Army Lapel Button is a gratuitous issue item and the eligibility requirements are:

	a.  Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate);

	b.  Soldiers transitioning under a non-adverse separation provision;

	c.  Soldiers having served a minimum 9 months continuous service – a break in service is 24 hours or more;

	d.  Soldiers having had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986;
	e.  retroactive issuance is not authorized; and

	f.  no Soldier separating from the service is to be awarded more than one Army Lapel Button.

22.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The evidence shows he participated in the following five campaigns:

* 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)

23.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. 
For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.  The evidence shows he served in Vietnam from December 1967 to November 1968, a period of 12 months.

24.  Army Regulation 670-1 shows that service stripes are an article of uniform wear.

25.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22.

26.  Army Regulation 635-5 also prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show:

* completion of the Jungle Operations Course
* award of or authorization to wear:

* Bronze Star Medal
* Army Good Conduct Medal
* Presidential Unit Citation
* Valorous Unit Award
* Vietnam Service Medal with one silver service star (in recognition of his participation in five combat campaigns in the Republic of Vietnam)
* Republic of Vietnam Gallantry Cross with Palm (as a personal decoration)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Tank Bar
* five overseas service bars
* Jungle Expert Badge
* Army Honorable Discharge Pin/Button
* one service stripe
* Cold War Recognition Certificate
* combat spurs

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Tank Bar.  Therefore, he is entitled to correction of his DD Form 214 to show award of this badge.

3.  The applicant requested correction of his DD Form 214 to show award of combat spurs; however, his record is void of any evidence and he has not provided any evidence showing he was awarded combat spurs.  Additionally, although awarding and wearing of combat spurs is a tradition within cavalry units, they are not governed by the provisions of Army Regulation 600-8-22 and, as a result, are not authorized for entry on a discharge document.

4.  His record is void of any evidence and he has not provided any evidence showing he was awarded the Republic of Vietnam Gallantry Cross with Palm as a personal decoration.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

5.  The evidence of record shows he did not complete a period of honorable service during which he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Therefore, he is not entitled to award of the Army Good Conduct Medal (1st Award) for the period 14 March 1966 through 3 December 1968 or to correction of his records to show this award.

6.  General orders awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from December 1967 to December 1968 and it is properly annotated on his DD Form 214.  Despite his contention that he was awarded the Bronze Star Medal for meritorious service in the Republic of Vietnam, his record is void of any evidence and he has not provided any evidence showing he was awarded the Bronze Star Medal.  Therefore, he is not entitled to have his DD Form 214 corrected to show award of the Bronze Star Medal.

7.  Department of the Army Pamphlet 672-3 shows that neither of his units of assignment was cited for award of the Presidential Unit Citation for actions during his period of assignment.  Therefore, he is not entitled to have his DD Form 214 corrected to show this unit award.

8.  Department of the Army general orders awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant's unit for achievements during his period of assignment; therefore, he is entitled to correction of his records to show these unit awards.

9.  He provides a certificate showing another Soldier successfully completed the Jungle Operations Course conducted at the U.S. Army School of the Americas located at Fort Gulick in the Panama Canal Zone on 28 July 1967.  Although he attests his entire unit underwent training in jungle operations, his record is void of any evidence and he did not provide any evidence showing he successfully completed the Army recognized Jungle Operations Course.  Therefore, he is not entitled to award of the Jungle Expert Badge or to have completion of this course annotated in item 25 of his DD Form 214.

10.  The evidence shows he did not serve a qualifying period of service for award of the Army Lapel Button; therefore, he is not entitled to correction of his DD Form 214 to show receipt of this lapel button for service.

11.  His records show he was previously awarded the Vietnam Service Medal.  The evidence shows he participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star to be affixed to his Vietnam Service Medal and to correction of his DD Form 214 to reflect this fact.
12.  He requests correction of his DD Form 214 to show award of five overseas service bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.  Evidence shows he served in Vietnam from December 1967 to November 1968, a period of 12 months.  His records show he was previously awarded 2 Overseas Service Bars in recognition of his 12 months of service in the Republic of Vietnam and they were properly annotated on his DD Form 214.  In addition, overseas service bars are not authorized for service in Hawaii.  Therefore, he is not entitled to the requested relief.

13.  He requests correction of his DD Form 214 to show award of one service stripe.  Service stripes are an article of uniform wear and are not governed by the provisions of Army Regulation 600-8-22 and, as a result, are not authorized for entry on a discharge document.

14.  He requests correction of his DD Form 214 to show award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, is not authorized for entry on a discharge document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the Vietnam Service Medal from item 24 of his DD Form 214
* adding the following to item 24 of his DD Form 214:

* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Tank Bar

* providing him a document to show these changes

2.  The Board further determined 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 correcting his DD Form 214 to show:

* completion of the Jungle Operations Course
* award of or authorization to wear:

* Bronze Star Medal
* Army Good Conduct Medal
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm (as a personal decoration)
* five overseas service bars
* Jungle Expert Badge
* Army Honorable Discharge Pin/Button
* one service stripe
* Cold War Recognition Certificate
* Combat Spurs

3.  The Board wants the applicant to know the above actions in no way diminish the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20100014906



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ABCMR Record of Proceedings (cont)                                         AR20100014906



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