IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100020652 


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 the Reconnaissance Sergeant School, Republic of Vietnam Medal [interpreted to mean the Republic of Vietnam Campaign Medal with Device (1960)], Air Medal, Bronze Star Medal, and the Presidential Unit Citation.

2. The applicant states, in effect, the above school and awards were not recorded on his DD Form 214 due to clerical error.

3.  The applicant provides copies of an award certificate and citation for the Bronze Star Medal and the Air Medal.

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 requested that the Republic of Vietnam Campaign Medal with Device (1960)] be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the Republic of Vietnam Campaign Medal with Device (1960)].  Therefore, this portion of his request will not be discussed further in these Proceedings.

3.  The applicant was inducted into the Army of the United States on 15 March 1971.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  item 27 (Military Education) he completed the 9-week MOS 11B course at Fort Polk, LA in 1971;

	b.  item 31 (Foreign Service) he served in Vietnam from 19 August 1971 through 20 June 1972;

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

		(1)  Company D, 1st Battalion (Airmobile), 501st Infantry, from
1 September 1971 through 26 January 1972 and

		(2)  Company A, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, from
27 January through 19 June 1972;

	d.  item 38 further shows he received "excellent" conduct and efficiency ratings throughout his military service;

	e.  item 39 (Campaigns) he served in the 15th [unnamed] campaign; and

	f.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, Combat Infantryman Badge, and Marksman Marksmanship Qualification Badge with [M-16] Rifle Bar.

5.  Headquarters, 196th Infantry Brigade, General Orders Number 02726, dated 16 June 1972, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period
18 August 1971 - 8 June 1972.
6.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.

7.  The applicant was honorably released from active duty on 20 December 1972 and he was transferred to the U.S Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.  The DD Form 214 he was issued shows he completed 1 year, 9 months, and 6 days of total active service.  His DD form 214 further shows in:

   a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the

* National Defense Service Medal
* one Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Vietnam Service Medal

   b.  Item 25 (Education and Training Completed) the entry "Fort Polk, Louisiana - 9 Weeks - 1971 - Light Weapons Infantryman."

8.  In support of his application, the applicant provides the following documents:

   a.  A Bronze Star Medal certificate and citation that shows he was awarded the Bronze Star Medal for meritorious service in ground operations against a hostile force in the Republic of Vietnam during the period 19 August 1971 to
15 March 1972.

   b.  An Air Medal certificate and citation that shows he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 18 August 1971 to 8 June 1972.

   c.  A DA Form 87 (Certificate of Training) that shows he completed the Reconnaissance Sergeant School from 20 to 22 March 1972 at Headquarters and Headquarters Battery, 3rd Battalion, 82nd Field Artillery, Camp Redhorse, Da Nang, Republic of Vietnam.

9.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Bronze Star Medal.

10.  A 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 for the Bronze Star Medal or any additional individual awards or decorations pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards), 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:

* Consolidation I  (1 July - 30 November 1971)
* Consolidation II  (1 December 1971 - 29 March 1972)
* Vietnam Cease-Fire (30 March 1972 - 28 January 1973)

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.

	a.  This pamphlet shows that at the time of the applicant's assignment to Company D, 1st Battalion (Airmobile), 501st Infantry, the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
1 March - 9 October 1971 by Department of the Army General Orders (DAGO) Number 6 (1974).

	b.  This pamphlet does not show award of the Presidential Unit Citation to either of the units the applicant's was assigned to during his period of service in the Republic of Vietnam.

13.  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. 

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

	a.  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.

	b.  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.  

	c.  Chapter 3 (U.S. Army Individual Decorations) provides for award of individual military decorations in time of war and peace for heroism and for meritorious achievement or service.  It states that for personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It further states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  It states that for:

   a.  Item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein and

   b.  Item 25, enter service schools and installation training/qualification courses that are of at least 40 hours duration and military correspondence courses successfully completed.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant completed a 3-day Reconnaissance Sergeant School in 1971, which indicate the course was only 24 hours in duration.  Therefore, the course does not qualify as an authorized course for entry in item 25 of his DD Form 214.

2.  There is no evidence that shows the either of the applicant's units in Vietnam was cited for award of the Presidential Unit Citation during his period of assignment.  Therefore, he is not entitled to correction of his DD Form 214 to show this unit award.

3  The applicant's claim to the Bronze Star Medal was carefully considered.

	a.  The sincerity of the applicant's claim is not in question.  However, there are no orders or other corroborating evidence in the applicant's military personnel records that shows he was awarded the Bronze Star Medal.  A search of the ADCARS also failed to reveal orders awarding him the Bronze Star Medal.

	b.  The evidence of record shows that for award of personal decorations, announcement of the award in orders is required.  As such, the Bronze Star Medal certificate and citation the applicant provides are insufficient as a basis for correction of his records to show award of the Bronze Star Medal.

	c.  In view of the foregoing, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal.

4.  General orders awarded the applicant the Air Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

6.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.  He received "excellent" conduct and efficiency ratings and there is no record of any disqualifying information.  Based on the available evidence, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.


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 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity from 15 March 1971 through 20 December 1972; and

   c.  adding to item 24 of his DD Form 214 the:

* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* 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 the adding the Reconnaissance Sergeant Course, Bronze Star Medal, and the Presidential Unit Citation to his DD Form 214.



      ____________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)                                         AR20100020652



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ABCMR Record of Proceedings (cont)                                         AR20100020652



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