IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110004009 


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 his DD Form 214 (Report of Transfer or Discharge) be corrected by awarding him an Army Commendation Medal with "V" Device and to show he was a door gunner and that his awards include the Army Commendation Medal with "V" Device (second award), Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Machinegun and Pistol Bars.

2.  The applicant states he was recommended for award of the Army Commendation Medal with "V" Device but the recommendation appears to have been lost.  His award of the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Machinegun and Pistol Bars are not included on his DD Form 214 nor is his service in Vietnam as a door gunner. 

3.  The applicant provides copies of his DD Form 214, a statement from his platoon leader, a 14 February 1971 DA Form 2496 (Disposition Form), and a 1 March 1971 Recommendation for Award.

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 on 8 April 1970, completed training, and awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The 11B MOS is the only official MOS shown to have been awarded.

3.  U.S. Army Training Center, Infantry and Fort Polk Special Orders Number 170, dated 22 June 1970, show the applicant qualified for and was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

4.  U.S. Army Training Center, Infantry and Fort Polk Special Orders Number 188, dated 13 July 1970, show he qualified as an expert on the M-16 rifle and as a sharpshooter with the M-60 machinegun.  He was authorized award of the appropriate badges for these qualifications.

5.  The applicant provides copies of documents setting forth the circumstances surrounding his actions of 2 - 4 February 1971 for consideration of award of the Army Commendation Medal with "V" Device.  There is no indication that the recommendation was reviewed at a level above the battalion commanding officer.

6.  His DA Form 20 (Enlisted Qualification Record) provides the following:

   a. service in Vietnam from 7 September 1970 through 6 September 1971; 
   
   b. assignment with Company A, 2nd Battalion, 12th Calvary Regiment from 8 October 1970 through 18 March 1971 and Company A, 228th Aviation Battalion from 19 March 1971 through 2 September 1971; 
   
   c. his duty MOS, in Vietnam, is shown as 67A (Aircraft Maintenance Apprentice) with a principle duty of door gunner;
   
   d. his conduct and efficiency ratings are reported as exclusively "excellent";
   
   e. he served in Vietnam during one campaign period;
   
   f.	his authorized awards are listed as the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Machinegun and Pistol Bars, the "EXP Rifle M-16" Expert Marksmanship Qualification Badge with Rifle Bar; and
   
   g.	he was advanced to specialist four (E-4).
   
7.  The applicant was released from active duty on 7 December 1971 with 1 year and 8 months of creditable service.  His DD Form 214, at item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), lists his awards as the National Defense Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, and the Vietnam Service Medal with one bronze service star. 

8.  A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized or awarded the Bronze Star Medal with or without the "V" Device.

9.  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 any decorations or awards.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to:

	a.  Company A, 2nd Battalion, 12th Calvary Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and 

	b.  Company A, 228th Aviation Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

11.  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 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20.

12.  Army Regulation 600-8-22 (Military Awards) states;

	a.  an Army Commendation Medal is awarded in time of war for heroism and for meritorious achievement or service.  A bronze "V" device indicates an act of heroism involving conflict with an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required; and 

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates they participated during the following two campaign periods:  Counteroffensive Phase VII, 1 July 1970 - 30 June 1971 and Consolidation I, 1 July 1971 - 30 November 1971.

13.  Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It established standardized policy for preparing and distributing the 
DD Form 214 and states the entry:

	a.  at item 23A (Specialty Number and Title), is the official MOS(s) a Soldier served for at least one year; and

	b.  at item 24, that all awards and decorations for all periods of service are to be listed in priority sequence specified in Army Regulation 600-8-22.  Each entry is to be verified by the Soldier's records and abbreviations are not to be used.

14.  Title 10 of the U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

15.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was recommended for award of the Army Commendation Medal with "V" Device but the recommendation appears to have been lost.  His award of the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Automatic Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Machinegun and Pistol Bars are not included on his DD Form 214 nor is his service in Vietnam as a door gunner. 

2.  The applicant served in Vietnam in the duty MOS of 67A (Aircraft Maintenance Apprentice) with the principle duty of door gunner.  There is no evidence that he was officially awarded the 67A MOS.  Further, even if he was officially a 67A, the entry on his DD Form 214 would not show the duty position as a door gunner but rather the official title of Aircraft Maintenance Apprentice.  Therefore, it is not appropriate to include door gunner on the DD Form 214.

3.  The 13 July 1970 U.S. Army Training Center orders show the applicant qualified as an expert on the M-16 rifle.  These orders do not indicate he qualified under the automatic rifle firing requirements for this weapon.  Further, the 
DA Form 20 shows award of the Expert Marksmanship Qualification Badge with Rifle Bar not an Automatic Rifle Bar.  Therefore, there is insufficient evidence to correct his records to show award of the Expert Marksmanship Qualification Badge with Automatic Rifle Bar. 

4.  However, the applicant's award of the Expert Marksmanship Qualification Badge with Rifle Bar, in addition to his award of the Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Machinegun and Pistol Bars were omitted from his DD Form 214.  It is appropriate to correct this oversight.

5.  The applicant served in Vietnam during two campaign periods and as such is authorized two bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 currently shows only one bronze service star.  It is appropriate to correct the record to reflect the second bronze service star.

6.  In addition to the awards listed on the DD Form 214 the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (second award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 8 April 1970 through 7 December 1971.

8.  While the available evidence is insufficient for correcting the applicant's records to show an Army Commendation Medal with "V" Device, this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

9.  Based on the above facts and findings it is appropriate to correct the applicant's DD Form 214, at item 24 (Military Awards), to show his authorized awards as the: 

Bronze Star Medal, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation (second award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Machinegun and Pistol Bars.







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.  awarding the applicant the Good Conduct Medal for his period of service from 8 April 1970 through 7 December 1971;

	b.  deleting the entry at item 24 (Military Awards) on the DD From 214; and 

	c.  showing, at item 24 on the DD Form 214, his authorized awards as the:

Bronze Star Medal, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation (second award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Machinegun and Pistol Bars.

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 award of an Army Commendation Medal with "V" Device or inclusion of a reference to his duty position as a door gunner on the 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)                                         AR20110004009





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ABCMR Record of Proceedings (cont)                                         AR20110004009



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