IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110009911 


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 in item 1 (Last Name- First Name-Middle Name) his last name as K-----ch instead of K-----ck
* to show, in effect, in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), among other awards, the:

* Bronze Star Medal (BSM) with "V" Device
* Army Commendation Medal (ARCOM) (3rd Award) and with "V" Device
* Air Medal (AM) (2nd Award)

2.  The applicant states his DD Form 214:

* misspelled his last name
* shows his BSM, but not with "V" Device
* shows one ARCOM, but he has three ARCOMs, two with "V" Device
* shows one AM, but he has two AMs

3.  The applicant provides:

* his DD Form 214


* his Minnesota Driver's License, issued in December 2008
* a letter of transmittal from Olmsted County, MN Veterans Services, dated 27 April 2011
* a BSM with "V" Device Certificate and order, dated 16 July 1969
* an ARCOM Certificate for achievement for the period 10 June - 10 July 1969, with citation and orders
* an ARCOM Certificate for valor for actions on 10 July 1969, with orders
* an ARCOM Certificate for valor for actions on 14 November 1969, with orders
* an AM Certificate for meritorious achievement for the period 14 June to
22 September 1969, with citation and orders

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 (AUS) on
11 December 1968.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).  He served in Vietnam with Company A, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division as an infantryman from 9 June 1969 to 12 July 1970.

3.  On 13 July 1970, he was honorably released from active duty (REFRAD) as an overseas returnee.  He completed 1 year, 7 months, and 3 days of total active service.  The DD Form 214 he was issued at the time shows in:

* item 1 his last name as K------ck
* item 24 the entry:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* 

* Republic of Vietnam Campaign Medal (RVNCM) with Device (1960)
* BSM
* AM
* ARCOM
* Combat Infantryman Badge (CIB)

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

* item 1 (Name) his last name as K------ch
* item 33 (Appointments and Reductions) he was promoted to sergeant (SGT)/E-5 on 9 March 1970
* item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) the:

* NDSM
* VSM
* ARCOM
* BSM with "V" Device
* ARCOM with "V" Device (1st OLC (Oak Leaf Cluster))
* CIB
* AM
* ARCOM with "V" Device (2nd OLC)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 2 OSB (Overseas Service Bars)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  The applicant's record contains the following orders issued by Headquarters, U.S. Army Training Center, Fort Polk, LA:

* Special Orders Number 030, dated 4 February 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 082, dated 8 April 1969, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Review of the applicant's official military personnel file (OMPF) shows that all documents containing his last name, except his DD Form 214, shows the spelling as K-----ch.


7.  His OMPF also contains only one award of the AM.  There is no evidence of record and the applicant did not provide any evidence that shows he is entitled to or that he was awarded any additional awards of the AM.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal (AGCM), service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states 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 four campaigns:

* Summer-Fall 1969, 9 June - 31 October 1969
* Winter-Spring 1970, 1 November 1969 - 30 April 1970 
* Sanctuary Counteroffensive, 1 May - 30 June 1970 
* Counteroffensive, Phase VII, 1 July 1970 - 31 June 1971

9.  Army Regulation 600-8-22 provides that during Vietnam, the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first the 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.

10.  Army Regulation 600-8-22 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 the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Air Medal, Bronze Star Medal, and the Army Commendation Medal.  Although more than one award of the Air Medal, Bronze 


Star Medal, and the Army Commendation Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals.

12.  Army Regulation 600-8-22 states an OLC is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.

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 the 5th Battalion, 60th Infantry, the unit to which the applicant was assigned, was cited for award of the:

* Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971

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.  The applicant's Minnesota Driver's License, issued in December 2008, shows his last name as K-----ch.

DISCUSSION AND CONCLUSIONS:

1.  The applicant entered the Army and he served under the last name K-----ch as shown on his Driver's License and all other documents contained in his OMPF, except his DD Form 214.  It appears his last name was incorrectly spelled on his DD Form 214 as a result of an administrative error.  Therefore, his DD Form 214 should be corrected to reflect the spelling of his last name as
K-----ch.


2.  General orders awarded the applicant the BSM with "V" Device.  Therefore, his DD Form 214 should be corrected to show this award.

3.  General orders awarded the applicant three awards of the ARCOM, two of which were for valor.  Therefore, his DD Form 214 should be corrected to show the ARCOM (3rd Award) and with "V" Device.

4.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

5.  The applicant served honorably and he received all "excellent" conduct and efficiency rating throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  He was also promoted to SGT/E-5 prior to his REFRAD.  Therefore, he should be awarded the AGCM for the period 11 December 1968 through 13 July 1970 and his DD Form 214 should be corrected to show this award.

6.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these marksmanship awards.

7.  The applicant's unit in Vietnam was cited for award of the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

8.  The applicant's record only shows one award of the AM.  There is no evidence of record and the applicant did not provide any evidence that show he is entitled to or was awarded any additional AMs.  His DD Form 214 appropriately shows only one award of the AM.  Therefore, there is no basis for adding any additional AMs to his DD Form.


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 1 of his DD Form 214 his last name and replacing it with the last name as show on his Minnesota Driver's License;

	b.  deleting from item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 11 December 1968 through 13 July 1970; and

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

* Bronze Star Medal with "V" Device
* Army Commendation Medal (3rd Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)


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 additional 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)                                         AR20110009911



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ABCMR Record of Proceedings (cont)                                         AR20110009911



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