BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110010929 


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:

* His foreign service in Vietnam from 8 August 1969 to 7 August 1970 instead of 8 November 1969 to 7 August 1970
* Awards of the:

* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Bronze Star Medal with "V" Device
* Soldier's Medal of Appreciation

2.  The applicant states he arrived in Vietnam on 8 August 1969.  He adds that when he looked over his DD Form 214 he noticed several medals/awards are missing.

3.  The applicant provides:

* Certificate awarding him the Air Medal
* Certificate awarding him the Bronze Star Medal
* Certificate awarding him the Bronze Star Medal for heroism
* Citation for award of the Bronze Star Medal
* Orders assigning him to the 2nd Battalion, 27th Infantry
* DD Form 214

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's records show he was inducted into the Army of the United States on 14 March 1969 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from on or about 8 August 1969 to on or about 7 August 1970.  He was assigned to Company D, 2nd Battalion, 27th Infantry, 25th Infantry Division (Light).

3.  Special Orders (SO) Number 96, issued by Headquarters, U.S. Army Training Center, Air Defense, Fort Bliss, TX, on 2 May 1969 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 102, issued by Headquarters, U.S. Army Training Center, Air Defense, Fort Bliss, TX, on 12 May 1969 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  SO Number 125, issued by Headquarters, Second AIT (Advanced Individual Training) Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, on 19 June 1969, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

6.  Headquarters, 25th Infantry Division, published the following General Orders (GO):

* GO Number 993, on 25 January 1970, awarded him the Bronze star Medal for heroism on 3 January 1970
* GO Number 2238, on 25 February 170, awarded him the Army Commendation Medal for meritorious achievement
* GO Number 5115, on 11 May 1970, awarded him the Air Medal for meritorious achievement
* GO Number 7068, on 22 June 1970, awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service

7.  He was awarded the Bronze Star Medal with "V" Device for heroism on 3 January 1970 in connection with military operations against a hostile force on 3 January 1970 while assigned to Company D, 2nd Battalion, 27th Infantry.  The orders cited the following reason:

While on a combat operation, elements of Company D spotted several enemy Soldiers moving toward their position.  Immediately, [Applicant] alerted his men of the enemy force.  With complete disregard to his personal safety, [Applicant] exposed himself to a hail of fire as he directed his men's fire on the hostile force.

8.  He was honorably released from active duty on 11 June 1971.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Bronze Star Medal with "V" Device
* Marksman Marksmanship Qualification Badge with Rifle Badge (M-16)
* Vietnam Service Medal with three bronze service stars
* Army Commendation Medal
* Air Medal
* Republic of Vietnam Campaign Medal with "1960" Device
* Vietnam Service Medal with “W/1 OLC”
* One Overseas Service Bar
* Good Conduct Medal

9.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year of foreign service in Vietnam.  Item 30 (Remarks) shows he served in Vietnam from 9 November 1969 to 7 August 1970.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Summer - Fall 1969 (June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
11.  Headquarters, Department of the Army General Orders Number 5, dated 1973, awarded the 2nd Battalion, 27th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from September 1968 to September 1970.

12.  Headquarters, Department of the Army General Orders Number 51, dated 1971, awarded the 2nd Battalion, 27th Infantry, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1966 to 31 January 1970.

13.  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.  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 held an infantry MOS and he was assigned to an infantry unit.  His award of the Bronze Star Medal for heroism on 3 January 1970 clearly shows he was personally present and engaging the enemy with his infantry unit.  Therefore, he is entitled to correction of his DD Form 214 to show the Combat Infantryman Badge.

2.  He was awarded two awards of the Bronze Star Medal, one of which was with a "V" Device; however, only one award is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  For clarity, he is entitled to correction of his DD Form 214 to show four bronze service stars to be affixed to his Vietnam Service Medal.

5.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), neither of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show both badges.

6.  He served in Vietnam from 8 August 1969 to 7 August 1970.  It appears his DD Form 214 inadvertently listed his date of arrival as 8 November 1969.  Therefore, he is entitled to correction of his DD Form 214 to show the corrected period of service in Vietnam.

7.  Since his dates of service in Vietnam were improperly annotated, he did not receive the appropriate number of Overseas Service Bars.  His appropriate period of service in Vietnam from 8 August 1969 to 7 August 1970 qualifies him for two Overseas Service Bars and he should have his DD Form 214 corrected to show both bars.

8.  With respect to the Soldier's Medal of Appreciation, it appears he is referring to a certificate of appreciation.  Commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by a certificate of achievement or commendation of local design.  Although copies of certificates of achievement or commendation will be filed in the official military personnel file, there is no distinguishing device authorized for wear to indicate the receipt of a certificate of achievement or commendation and there is no provision to list such certificates 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:

* Deleting from item 24 of his DD Form 214 the Bronze Star Medal with "V" Device, Vietnam Service Medal with three bronze service stars, Vietnam Service Medal with one OLC, and one Overseas Service Bar, and adding the:

* Bronze Star Medal (1st Oak Leaf Cluster) and "V" Device
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Two Overseas Service Bars

* Deleting from item 30 of his DD Form 214 the entry "Vietnam Service - 8 November 1969 to 7 August 1970" and adding the entry "Service in Vietnam - 8 August 1969 to 7 August 1970"

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 the certificate of appreciation.



      _______ _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)                                         AR20110010929



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ABCMR Record of Proceedings (cont)                                         AR20110010929



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