IN THE CASE OF:	  

		BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100019114 


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 reflect that he was awarded the Air Medal (AM) and the Army Commendation Medal (ARCOM) (1st first oak leaf cluster (OLC)) and that he served 10 months and 23 days in Vietnam instead of
9 months and 23 days of foreign service currently shown.

2.  The applicant states that the AM and the ARCOM were awarded subsequent to his discharge and the amount of foreign service reflected on his DD Form 214 is simply a math error.

3.  The applicant provides a copy of his DD Form 214, a copy of an AM certificate, and a copy of an ARCOM (1st OLC) certificate.

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 in St. Louis, MO on 13 January 1969.  He completed his basic training at Fort Benning, GA, his advanced individual training as an infantry indirect fire crewman at Fort Polk, LA and he was then transferred back to Fort Benning to attend the Noncommissioned Officer (NCO) Candidate School.  He was promoted to the rank of sergeant on 9 September 1969.

3.  He was transferred to Vietnam on 6 January 1970 and he was assigned to Company D, 4th Battalion, 3d Infantry Regiment, 11th Infantry Brigade, 23d Infantry Division.

4.  After serving 10 months and 23 days in Vietnam, he departed Vietnam and he was transferred to Fort Lewis, WA where he was honorably released from active duty (REFRAD) as an oversea returnee on 29 November 1970.  He had served
1 year, 10 months, and 17 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal (VSM), Bronze Star Medal, and the ARCOM.  Item 22c (Foreign and/or Sea Service) reflects that he had served 9 months and 23 days of foreign service.

5.  A review of the applicant’s records shows that he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information would serve to disqualify him for the first award of the Army Good Conduct Medal (AGCM).

6.  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 United States Army Human Resources Command, failed to reveal any orders for the Air Medal or a second award of the ARCOM pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units 


involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Army Regulation 600-8-22 states the ARCOM 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.

9.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during 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.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

12.  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.  Paragraph 6d states that Department of the Army General Orders 8, 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant served 10 months and 23 days of foreign service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to reflect his correct amount of foreign service.

2.  The applicant served in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to Headquarters, U.S. Army Vietnam and its subordinate units including the applicant's unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  A review of his records shows that the applicant had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it must be presumed that the failure to award him the AGCM was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the AGCM (12st award) for the period of 13 January 1969 to
29 November 1970 and to correct his DD Form 214 to show this award.

5.  The applicant served during three campaigns while in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

6.  While the sincerity of the applicant’s claim that he was awarded the AM and the ARCOM (1st OLC) is not in question, there is no evidence of record and he has not provided any orders for these awards, which is necessary to have the awards added to his DD Form 214.  Therefore, in the absence of such orders, there appears to be no basis to add those awards to his DD Form 214 at this time.

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.  deleting from item 22c of his DD Form 214 the entry "0  9  23" and replacing it with the entry "0  10  23";

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; 

	c.  awarding him the Army Good Conduct Medal (1st award) for the period
13 January 1969 through 29 November 1970; and

	d.  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 Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 adding awards of the Air Medal and the Army Commendation Medal (1st oak leaf cluster) to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the 
United States during the Vietnam War.  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)                                         AR20100019114



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019114



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1