IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100028388


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 Republic of Vietnam Armed Forces Honor Medal First Class
* unspecified oak leaf clusters (OLC) on his Air Medal

2.  The applicant states:

* the Government of the Republic of Vietnam awarded him the Armed Forces Honor Medal First Class, and the U.S. Army authorized him to accept and wear it
* he "applied for" OLC's for his Air Medal, but left the unit before action was taken

3.  The applicant provides:

* memorandum, Headquarters, U.S. Army Vietnam (USARV), dated 31 August 1970, approving acceptance and wear of the Republic of Vietnam Armed Forces Honor Medal First Class
* certificate for Republic of Vietnam Armed Forces Honor Medal First Class (with translation)



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 served on active duty as an enlisted Soldier in the U.S. Army Reserve (USAR) for 6 months.  He was awarded the Parachutist Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

3.  Upon being designated a Distinguished Military Graduate (DMG) from the Reserve Officers' Training Corps (ROTC), he accepted a commission as a second lieutenant in the Signal Corps on 28 July 1967 and entered active duty on 12 October 1967.  He was promoted as follows:

* second lieutenant to first lieutenant on 12 October 1968
* first lieutenant to captain on 12 October 1969

4.  The applicant's DA Form 66 (Officer Qualification Record) shows:

* service in Vietnam from 7 July 1968 to 10 September 1970
* unit assignments in Vietnam with:

* Headquarters and Headquarters Battery, 1st Battalion, 39th Artillery, 1st Cavalry Division – 2 August 1968 to 5 April 1969
* Company A, 13th Signal Battalion, 1st Cavalry Division – 6 April 1969 to 8 October 1969
* Headquarters and Headquarters Company, 52nd Signal Battalion – 13 October 1969 to 19 January 1970
* Company D, 52nd Signal Battalion – 20 January 1970 to 10 September 1970



5.  Headquarters, USARV memorandum, dated 10 March 1970, authorized the applicant to accept and wear the Vietnamese Signal Corps Badge.

6.  Headquarters, USARV memorandum, dated 31 August 1970, authorized the applicant to accept and wear the Republic of Vietnam Armed Forces Honor Medal First Class.

7.  The applicant's awards as reflected on his DA Form 66 include:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal – General Orders #11127, Headquarters, 1st Cavalry Division, Vietnam, dated 12 September 1969
* Bronze Star Medal – General Orders #11258, Headquarters, 1st Cavalry Division, Vietnam, dated 16 September 1969
* Army Commendation Medal – General Orders #1639, Headquarters, 1st Signal Brigade, Vietnam, dated 25 June 1970
* four overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* six campaigns
* two Meritorious Unit Commendations (MUC)

8.  The applicant's awards as reflected on his DD Form 214 for the period 12 October 1967 through 1 October 1971 are the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation with OLC
* Air Medal
* Bronze Star Medal
* Vietnam Cross of Gallantry with Palm (correctly known as Republic of Vietnam Gallantry Cross with Palm Unit Citation)
* Army Commendation Medal



9.  The applicant's records do not contain orders awarding him more than one Air Medal.  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 additional Air Medal orders pertaining to the applicant.

10.  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.

11.  Army Regulation 600-8-22 states Arabic numerals are now used instead of OLC's for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

12.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows a unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the Republic of Vietnam Armed Forces Honor Medal First Class and unspecified additional awards of the Air Medal.

2.  There is no evidence the applicant was awarded more than one Air Medal; adding OLC's (or numerals) to his already-awarded Air Medal; therefore, there is insufficient evidence to grant this relief.

3.  The applicant was awarded the Republic of Vietnam Armed Forces Honor Medal First Class and was authorized by USARV to accept and wear it.  It should be added to his DD Form 214.

4.  The applicant was authorized by USARV to accept and wear the Vietnamese Signal Corps Badge.  This should be added to his DD Form 214.

5.  The applicant's DD Form 214 for the period 12 October 1967 through 1 October 1971 is incomplete as relates to awards in Item 24.  Missing are the following authorized awards:

* Parachutist Badge (from his enlisted DD Form 214)
* Republic of Vietnam Armed Forces Honor Medal First Class
* Vietnamese Signal Corps Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one silver and one bronze service star for his Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 adding the following to his DD Form 214 with an effective date of 1 October 1971:

* Parachutist Badge
* Republic of Vietnam Armed Forces Honor Medal First Class


* Vietnamese Signal Corps Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one silver and one bronze service star for his Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 multiple awards of the Air Medal.



      ____________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)                                         AR20100028388





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ABCMR Record of Proceedings (cont)                                         AR20100028388



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