IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011

	DOCKET NUMBER:  AR20100025302 


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 award of two Bronze Star Medals, one Army Commendation Medal, and completion of the Special Forces Medical Noncommissioned Officer (NCO) Candidate course.

2.  The applicant states that these awards and training were omitted from his
DD Form 214. 

3.  The applicant provides copies of his DD Form 214, National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of New York), Fort Bragg (FB) Form 1592 (Training Certificate), two award certificates for the Bronze Star Medal, and one certificate and citation for award of the Army Commendation 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.  On 19 March 1970, the applicant enlisted in the Regular Army.  He completed his initial training to include:

	a.  Infantryman Indirect Fire Crewman Course, 10 weeks, in August 1970; and

	b.  Basic Airborne Course, 3 weeks, in September 1970;

3.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that during basic combat training at Fort Dix, NJ, he qualified as an expert with the M-16 rifle.

4.  On 9 November 1970, the applicant was assigned as a student at the U.S. Army Institute for Military Assistance, located at Fort Bragg, NC.

5.  On 29 January 1971, the applicant completed leadership training in the
11-week Special Forces Medical NCO Candidate Course.

6.  On 7 May 1971, the applicant departed Fort Bragg for duty in the Republic of Vietnam (RVN).

	a.  On 19 June 1971, he was assigned for duty as a medic with Company L, 75th Rangers.

	b.  On 2 December 1971, he was reassigned to Company H, 75th Rangers.

	c.  On 6 March 1972, he departed the RVN en route to the United States.

7.  On 8 March 1972, the applicant was honorably released from active duty.  He had attained the rank/grade of sergeant (SGT)/E-5.  He completed 1 year,
11 months, and 20 days of total active service.

8.  The applicant's DD Form 214 shows in:

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

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Parachutist Badge
* Combat Infantryman Badge

	b.  Item 25 (Education and Training Completed) the entry "None."

9.  General Orders Number 784, issued by Headquarters, 3rd Brigade,
1st Cavalry Division, dated 14 March 1972, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile enemy force in the RVN during the period
1 September 1971 to 1 March 1972.

10.  General Orders Number 820, issued by the same headquarters, dated
16 March 1972 awarded the applicant the Bronze Star Medal with "V" Device for heroism on 5 February 1972 in connection with ground military operations against a hostile enemy force in the RVN.

11.  General Orders Number 821, issued by the same headquarters, dated
16 March 1972, awarded the applicant the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) for heroism on 14 February 1972 in connection with ground military operations against a hostile enemy force in the RVN.

12.  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:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

13.  Army Regulation 600-8-22 states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals.


14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, 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 that for Item 25, for enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that during the time of the applicant's assignment his units were cited for the award(s) as indicated:

* Company L, 75th Infantry Regiment (Ranger) for the RVN Gallantry Cross with Palm Unit Citation during the period 1 March through 9 October 1971 by Department of the Army General Orders (DAGO) Number 6, dated in 1974
* Company H, 75th Infantry Regiment (Ranger) for the RVN Gallantry Cross with Palm Unit Citation during the period 17 September 1965 through June 1972 by DAGO Number 54, dated in 1974

16.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant completed the following courses which should be shown on his DD Form 214:

* Infantryman Indirect Fire Crewman Course, 10 weeks, August 1970
* Basic Airborne Course, 3 weeks, September 1970
* Special Forces Medical NCO Candidate Course, 11 weeks, January 1971

Therefore, his DD Form 214 should be corrected to show these courses.

2.  General orders awarded the applicant two awards of the Bronze Star Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal (2nd Award) and with "V" Device.


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

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

6.  Records show two of his units in the RVN were cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

7.  Records show the applicant qualified as an expert with the M-16 rifle.  Therefore his DD Form 214 should be corrected to show this weapons qualification badge.

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.  deleting from Item 24 of his DD Form 214: "Vietnam Service Medal with 
2 Stars";

	b.  adding to Item 24 of his DD Form 214 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars


* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

	c.  deleting from item 25 of his DD Form 214 the entry "None" and replacing it with the entry:

* Infantryman Indirect Fire Crewman Course, 10 weeks, August 1970
* Basic Airborne Course, 3 weeks, September 1970
* Special Forces Medical NCO Candidate Course, 11 weeks, January 1971



      __________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)                                         AR20100025302



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ABCMR Record of Proceedings (cont)                                         AR20100025302



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