IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110005599 


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 Army Commendation Medal (ARCOM) with "V" Device and Bronze Star Medal (BSM) with "V" Device.

2.  The applicant states the orders sending him to the Republic of Vietnam (RVN), the Special Forces unit he was assigned to, his length of duty time, and his awards are not shown on his DD Form 214.

3.  The applicant provides a copy of his ARCOM with "V" device orders, dated 
27 May 1968, with associated cover sheet from the U.S. Armed Forces Services Center for Unit Records Research.

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 into the Army of the United States on 
8 September 1966.  After completing training he was awarded military occupational specialty 76W (Petroleum Storage Specialist).

3.  His record contains a DA Form 20 (Enlisted Qualification Record) which shows in Item 31 (Foreign Service), he served in the RVN from 17 February 1967 through 16 February 1968.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to:

   a.  The 391st Chemical [Quartermaster] Detachment, attached to Headquarters and Headquarters Company, 12th Combat Aviation Group with duty at 145th Combat Aviation Battalion from 23 February to 30 June 1967;
   
   b.  Headquarters and Headquarters Company, 12th Combat Aviation Group from 1 July to 5 November 1967;
   
   c.  Company B, 1st Supply and Transport Battalion, 1st Infantry Division, from "23 October 1967" to 6 January 1968; and
   
   d.  The 101st Airborne Division, from 7 January to 14 February 1968.

5.  He provided and the record contains General Orders Number 826, issued by Headquarters, 101st Airborne Division, dated 27 May 1968, that awarded him the ARCOM with "V" device for heroism in the RVN on 27 November 1967.

6.  On 17 September 1968, he was honorably released from active duty.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  He served 2 years and 10 days of total active service, including 1 year and 
17 days of foreign service in the RVN.  Item 24 of his DD Form 214 shows the:

* NDSM
* VSM 
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Overseas Service Bar (1)

7.  His military personnel record does not contain an order for award of the BSM with "V" device.

8.  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 the award of the BSM with "V" device pertaining to the applicant.

9.  On 30 March 2000, a DD Form 215 (Correction to DD Form 214) was issued to add an ARCOM to his DD Form 214 effective 17 September 1968. 

10.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

11.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 
20 shows he received all "excellent" conduct and efficiency ratings during his military service.  His record is void of any derogatory information that could serve to disqualify him for this award.

12.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

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.  391st Quartermaster Detachment was cited for the award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 
26 May 1967 by Department of the Army General Order (DAGO) Number 
22, dated 1968; and

	b.  Headquarters and Headquarters Company, 12th Aviation Group, was cited for award of the Meritorious Unit Commendation for the period 1 January to 
31 December 1967 by DAGO Number 48, dated 1968; and the RVN Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 May 1967 by DAGO Number 22, dated 1968.

14.  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.

15.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal and states that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.   Appendix B contains the campaigns for the RVN conflict and shows participation credit was awarded for the following three campaigns during his tour of duty in the RVN:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)

16.  Army Regulation 600-8-22 states 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 military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

17.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

18.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the ARCOM with "V" Device and BSM with "V" Device.

2.  General orders confirm he was awarded the ARCOM with "V" Device.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns during his tour of duty in the RVN; therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect these service stars.

4.  His units in RVN were cited for award of the Meritorious Unit Commendation and two Republic of Vietnam Gallantry Cross with Palm Unit Citations during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The evidence of record confirms he served honorably during the period
23 May 1968 through 22 May 1970.  Further, he served in RVN for 1 year and 
17 days.  Based on his overall record of service, 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.

6.  His period of service in RVN entitles him to two Overseas Service Bars.  His record should be corrected to add one additional Overseas Service Bar. 

7.  There is no evidence showing he was recommended for or awarded the BSM with "V" device.  

8.  Although the applicant contends he was assigned to a Special Forces unit there is no evidence to support his claim.  In any case orders and units, other than the last duty assignment, are not entered on the DD Form 214.

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 ARCOM (as shown on his DD Form 215, dated 30 March 2000) and the Overseas Service Bar;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
8 September 1966 through 17 September 1968; and

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

* ARCOM with "V" device
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Overseas Service Bar (2)

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 a Bronze Star Medal with "V" device or orders/assignments 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)                                         AR20110005599





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ABCMR Record of Proceedings (cont)                                         AR20110005599



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