IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110011397 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Combat Infantryman Badge (CIB)
* Army Commendation Medal (ARCOM) with oak leaf cluster (OLC)
* Defense Meritorious Service Medal (DMSM)
* Legion of Merit (LOM)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation (2d Award)
* Expert Marksmanship Qualification Badge with Rifle Bar

	b.  item 14 (Military Education) the:

* Infantry Officer Basic Course, 1960
* Airborne Course, 1960
* Special Warfare Counterinsurgency, 1965
* Infantry Officer Advanced Course, 1967
* Chemical, Biological, Radiological (CBR) Officer Basic Course, 1967
* Foreign Area Officer Course, 1977

2.  He states the items listed above are missing due to administrative oversight at the time of his retirement.  All of the items are a matter of record on his DA Form 4037 (Officer Record Brief (ORB)).

3.  He provides his 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 DD Form 214 in applicant's record shows the DMSM, LOM [abbreviated as "LM"], and RVN Gallantry Cross with Palm Unit Citation (2d Award) (abbreviated as "RVNGCUCWP(2Awd)") in item 13.  Because his DD Form 214 already shows these awards, no correction is necessary.  The DMSM, LOM, and RVN Gallantry Cross with Palm Unit Citation will not be discussed further in these proceedings.

3.  Item 14 of the DD Form 214 in his record shows he completed the 6-week Military Assistance and Training Advisory (MATA) Course in 1965.  This course is listed in item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) as having been completed at the U.S. Army Special Warfare School in 1965.  The "Major/Course/[Military Occupational Specialty Code (MOSC)]" column for this entry indicates the focus of the course was counterinsurgency.  Because this course is shown on his DD Form 214, it will not be discussed further in these proceedings. 

4.  The applicant was commissioned in the U.S. Army Reserve on 3 June 1960 and entered active duty on the same date.  He was commissioned in the Regular Army on 26 July 1960.


5.  Special Orders Number 323 issued by Headquarters, U.S. Army Vietnam, dated 21 November 1966, awarded him the CIB.

6.  His record contains five orders pertaining to the ARCOM:

	a.  Headquarters, 4th Armored Division, issued General Orders (GO) Number 16, dated 14 February 1964, announcing award of the ARCOM to him for meritorious service during the period 15 July to 21 October 1963.

	b.  Headquarters, 25th Infantry Division, issued:

* GO Number 268, dated 10 January 1969, announcing award of the ARCOM to him for meritorious achievement from 15 October to 21 November 1968
* GO Number 643, dated 21 January 1969, amending GO Number 268 to show he was awarded the ARCOM with 1st OLC

	c.  Headquarters, Berlin Brigade, issued:

* GO Number 285, dated 9 August 1973, announcing award of the ARCOM to him for meritorious service from 5 November 1969 to 23 June 1973
* GO Number 316, dated 29 August 1973, amending GO Number 285 to show he was awarded the ARCOM with 2nd OLC

7.  His ORB shows in:

	a.  section VI (Military Education) he completed the:

* Infantry Officer Basic Course in 1960
* Airborne Course in 1960
* Special Warfare Counterinsurgency Course in 1965
* Infantry Officer Advanced Course in 1967
* Chemical, Biological, Radiological (CBR) Officer Basic Course in 1967
* Foreign Area Officer Course in 1977

	b.  section IX (Assignment History) he was assigned to duty in Vietnam with:

* U.S. Military Assistance Command-Vietnam from November 1965 to January 1966
* Technical Intelligence Detachment, 519th Military Intelligence Battalion, from February 1966 to August 1967
* Headquarters and Headquarters Company (HHC), 1st Brigade, 25th Infantry Division, from October to November 1968
* HHC, 4th Battalion (Mechanized), 23rd Infantry, 25th Infantry Division, from December 1968 to February 1969
* HHC, 25th Infantry Division, from March to October 1969

	c.  section IX he was assigned to the Berlin Brigade from June 1972 to July 1973.

8.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) he served in Vietnam from 12 November 1965 to 15 October 1966 and from 7 October 1968 to 1 October 1969 and

	b.  item 9 (Awards, Decorations, and Campaigns) (as continued in item 28 (Item Continuation)) he was awarded or authorized the:

* National Defense Service Medal (NDSM)
* Parachutist Badge
* Expert Infantryman Badge (EIB)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* CIB
* Air Medal (AM)
* Bronze Star Medal (BSM) with 4th OLC
* RVN Armed Forces Honor Medal "First Class"
* Army of Occupation Medal (AOM)
* RVN Civil Actions Honor Medal First Class Unit Citation with OLC
* four overseas service bars
* Meritorious Unit Commendation (MUC)
* RVN Civil Actions Honor Medal First Class Unit Citation with OLC [possible duplicate entry]
* "VUC" [unknown abbreviation – presumed to represent "Valorous Unit Citation" properly known as the Valorous Unit Award (VUA)]
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* DMSM
* ARCOM with 2nd OLC
* RVN Gallantry Cross with Palm Unit Citation [presumed to mean first award]
* Expert Marksmanship Qualification Badge with Rifle Bar and Pistol Bar

	c.  item 17 (Civilian Education and Military Schools), in part, he completed the:

* 8-week Infantry Officer Orientation Course in 1960
* 4-week Airborne Course in 1960
* 35-week Infantry Officer Career Course in 1967
* 3-week Nuclear Weapons Employment Course in 1967
* 20-week Foreign Area Officer Course in 1977

9.  He retired on 31 July 1981 after completing 21 years, 1 month, and 28 days of active military service.  The DD Form 214 issued at that time shows in:

	a.  item 13 abbreviated entries showing he was authorized the following decorations:

* NDSM
* EIB
* RVN Campaign Medal "wVDEV" [presumed to represent "V" Device]
* AM
* Parachutist Badge
* VSM
* "CIV" [unknown abbreviation – may be a typographical error for the CIB]
* BSM with 4th OLC
* AOM
* RVN Armed Forces Honor Medal First Class 
* MUC
* "VUC" [unknown abbreviation – presumed to represent "Valorous Unit Citation" properly known as the VUA]
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* LOM
* DMSM
* RVN Civil Actions Honor Medal First Class Unit Citation "wVDEV" [presumed to represent "V" Device – shown as "RVNCAMFCwVDEV"]
* four overseas service bars

	b.  item 14 he completed the 6-week Military Assistance and Training Advisory Course in 1965 and the non-resident Command and General Staff Officer Course in 1976.


10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The regulation states the bronze "V" device for valor indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the BSM, AM, and ARCOM.

	b.  The regulation does not provide criteria for any awards abbreviated as "CIV" or "VUC."

	c.  It states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	d.  The regulation states a bronze service star is worn on the appropriate service ribbon for each credited campaign to include the VSM.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with seven campaigns:

* Vietnam Defense Campaign (8 March-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)

	e.  The AOM with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

11.  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.  U.S. Military Assistance Command-Vietnam, was cited for award of the MUC for the period 8 March 1965 to 31 August 1967 by Department of the Army GO (DAGO) Number 10, dated 1968;

	b.  HHC, 1st Brigade, 25th Infantry Division, was cited for award of the VUA for the period 27 August to 31 October 1968 by DAGO Number 42, dated 1969; 

	c.  HHC, 4th Battalion, 23rd Infantry, 25th Infantry Division, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 to 21 January 1970, by DAGO 51, dated 1971; and

	d.  HHC, 25th Infantry Division, was cited for award of the:

* MUC for the period January to June 1969 by DAGO Number 42, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 to 21 January 1970 by DAGO Number 51, dated 1971

12.  DAGO Number 51, dated 1971, shows HHC, 4th Battalion, 23rd Infantry, and HHC, 25th Infantry Division were cited for the same award of the RVN Civil Actions Honor Medal First Class Unit Citation "with Oak Leaf Device." 

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.

	a.  The version in effect at the time stated item 13 was self-explanatory.

	b.  The version in effect at the time stated to list in-service training courses by title, number of weeks, and year successfully completed during this period of service in item 14.  This information was to assist the member after separation in job placement and counseling; therefore, training courses for combat skills were not to be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the CIB by special orders.  A typographical error made during the creation of his DD Form 214 resulted in the entry of "CIV" instead of CIB.  It would be appropriate to correct this entry.

2.  GO in his record show he was awarded the ARCOM with 2nd OLC indicating he was awarded three ARCOM's.  Therefore, it would be appropriate to correct his DD Form 214 to show the ARCOM (3rd Award).


3.  Errors during the creation of his DD Form 214 resulted in entries showing he was authorized wear of the "V" Device on the RVN Campaign Medal and RVN Civil Actions Honor Medal First Class Unit Citation.  The "V" Device is not authorized for wear on either decoration.  Therefore, it would be appropriate to correct his DD Form 214 to remove the "V" Device from these decorations and to properly show the RVN Campaign Medal with Device (1960).

4.  His DA Form 2-1 shows he was authorized the RVN Civil Actions Honor Medal First Class Unit Citation with OLC.  DAGO Number 51, dated 1971, confirms units he served in were cited for this award.  Therefore, he is entitled to correction of his DD Form 214 to show the RVN Civil Actions Honor Medal First Class Unit Citation (2d Award). 

5.  He was awarded the VSM and he participated in seven campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star and two bronze service stars for wear on the previously-awarded VSM.

6.  He was awarded the AOM for his service in Germany in the Berlin Brigade.  Therefore, he is entitled to correction of his DD Form 214 to show the Germany Clasp for wear on the previously-awarded AOM.

7.  He was authorized the Expert Marksmanship Qualification Badge with Rifle Bar and Pistol Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

8.  Army Regulation 600-8-22 does not provide criteria for an award abbreviated as "VUC."  However, the record shows he served in a unit during a period for which the unit received the VUA and it appears this is the awarded indicated by "VUC."  It would be appropriate to correct his DD Form 214 to show the VUA.

9.  He served in two units during periods for which the units received the MUC.  Therefore, he is entitled to correction of his DD Form 214 to show the MUC (2nd Award).

10.  His record shows he completed the Infantry Officer Basic Course, Airborne Course, Infantry Officer Advanced Course, CBR Officer Basic Course, and Foreign Area Officer Course.  The Infantry Officer Basic Course and Infantry Officer Advanced Course are training courses for combat skills; however, as officer training courses, it may be presumed that they included elements of leadership training that may have been useful after separation in job placement and counseling.  There would be no harm in adding the military education listed above to his DD Form 214.
BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the following deletions from and additions to his DD Form 214:

	a.  delete from item 13:

* RVNCMwVDEV
* VSM
* CIV
* AOM
* MUC
* VUC
* RVNCAMFCwVDEV

	b.  add to item 13:

* ARCOM (3rd Award)
* VSM with one silver and two bronze service stars
* AOM with Germany Clasp
* CIB
* VUA
* MUC (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar and Pistol Bar
* RVN Campaign Medal with Device (1960)
* RVN Civil Actions Honor Medal First Class Unit Citation (2d Award)


	c.  add to item 14:

* Infantry Officer Basic Course, 8 weeks, 1960
* Airborne Course, 4 weeks, 1960
* Infantry Officer Advanced Course, 35 weeks, 1967
* CBR Officer Basic Course, 3 weeks, 1967
* Foreign Area Officer Course, 20 weeks, 1977



      ____________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)                                         AR20110011397



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ABCMR Record of Proceedings (cont)                                         AR20110011397



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