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ARMY | BCMR | CY2011 | 20110015169
Original file (20110015169.txt) Auto-classification: Approved

		IN THE CASE OF:	   

		BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110015169 


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 following awards:

* Distinguished Flying Cross (DFC)
* Purple Heart with one Oak Leaf Cluster
* Air Medal (AM) with "V" Device and Numeral 7
* Army Good Conduct Medal (AGCM)
* Vietnam Service Medal (VSM) with one silver and two bronze service stars
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Meritorious Unit Commendation (MUC)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Parachutist Badge
* Expert Marksmanship Badge with Rifle Bar
* Sharpshooter Marksmanship Badge with Pistol Bar
* two Overseas Service Bars

2.  He states, in effect, he was unaware of the process for verifying his personal and unit awards until a meeting with fellow veterans in 2011.  He now wishes to have his DD Form 214 corrected so his family may know and the public record will show an accurate account of his service.

3.  He provides:

* his DD Form 214
* his DA Form 20 (Enlisted Qualification Record)
* general orders awarding him the DFC
* letter orders discharging him from the U.S. Army Reserve (USAR)
* pages from Army Regulation 600-8-22 (Military Awards)
* a web page describing the RVN Campaign Medal
* a page from DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* pages from Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia)

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 has requested correction of his DD Form 214 to show the RVN Campaign Medal with Device (1960).  A review of his DD Form 214 shows this decoration is listed as the "Vietnam Campaign Medal." Because his DD Form 214 already shows this award, no correction is necessary.  The RVN Campaign Medal with Device (1960) will not be discussed further in these proceedings.

3.  The applicant enlisted in the Regular Army on 30 June 1966.  After completing initial entry training, he was awarded military occupational specialty (MOS) 95B (Military Police).

4.  On 12 August 1966, Headquarters, 2d Training Brigade, U.S. Army Training Center (USATC), Fort Gordon, GA, issued Special Orders (SO) Number 134 awarding him the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  On 22 October 1966, Headquarters, 4th Training Brigade (Military Police), USATC, Fort Gordon, GA, issued SO Number 142 awarding him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

6.  On 30 November 1966, Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, GA, issued SO Number 278 awarding him the Parachutist Badge.

7.  His DA Form 20 shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 22 May 1967 through 21 June 1968 and from 21 February through 12 June 1969
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with the:

* 191st Assault Helicopter Company from 23 May 1967 to 26 May 1968 with principal duties as a machine gunner and crew chief
* 501st Engineer Company (Land Clearing) from 2 March to 9 June 1969 with principal duty as a tractor operator

* item 38 he received all "excellent" conduct and efficiency ratings with the exception of one period of "unknown" ratings

8.  Headquarters, 1st Aviation Brigade, issued the following general orders (GO) pertaining to the applicant:

	a.  GO 3594, dated 29 July 1967, announced award of the AM for meritorious achievement during the period 21 June to 10 July 1967.

	b.  GO 4245, dated 8 September 1967, announced award of the AM (First through Fifth Oak Leaf Cluster) for meritorious achievement during the period 11 July to 17 August 1967.

	c.  GO 4937, dated 13 October 1967, announced award of the AM (Sixth Oak Leaf Cluster) with "V" Device for heroism on 11 July 1967.

	d.  GO 5428, dated 10 November 1967, announced award of the Purple Heart for wounds received in action on 14 October 1967.

	e.  GO 5598, dated 21 November 1967, announced award of the AM (Seventh Oak Leaf Cluster) with "V" Device for heroism on 14 October 1967.

	f.  GO 1533, dated 18 March 1968, announced award of the Purple Heart (First Oak Leaf Cluster) for wounds received in action on 26 January 1968.

	g.  GO 5324, dated 5 August 1968, announced award of the DFC for heroism on 25 January 1968.

9.  He was honorably released from active duty on 11 June 1969 after completing 2 years, 11 months, and 12 days of total active service.  

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* VSM
* Vietnam Campaign Medal 
* AM
* Purple Heart
* Army Commendation Medal
* Aircraft Crewman Badge

11.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with seven campaigns:

* 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)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

14.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM.  The numeral 2 denotes the second award of the AM.

15.  Army Regulation 670-1 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.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months of 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 towards the Overseas Service Bar.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  The 191st Aviation Company was cited for award of the:

* MUC for the period 1 January to 31 December 1967, by Department of the Army GO (DAGO) 48, dated 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 22 February 1967 to 17 May 1968, by DAGO 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO 59, dated 1969

	b.  The 501st Engineer Company was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to June 1972, by DAGO 54, dated 1974
* RVN Civil Actions Honor Medal First Class Unit Citation for two periods:

* 26 December 1968 to 9 February 1970, by DAGO 43, dated 1970
* 1 November 1968 to 26 April 1969, by DAGO 8, dated 1974




DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the DFC, AM (8th Award) with "V" Device, and Purple Heart (2d Award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  SO awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and Parachutist Badge.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  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.

4.  He received all "excellent" conduct and efficiency ratings throughout his service, and there is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 30 June 1966 to 11 June 1969 and to correct his DD Form 214 to show this award.

5.  He was assigned to units in Vietnam during a period for which they were cited for award of the MUC, twice for award of the RVN Gallantry Cross with Palm Unit Citation, and three times for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  His service in Vietnam meets the criteria for award of two Overseas Service Bars; however, this is a uniform item that is not recorded on the DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show these 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 him the AGCM (1st Award) for the period 30 June 1966 to 11 June 1969;

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

* VSM
* AM
* Purple Heart 

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

* DFC
* AM (8th Award) with "V" Device
* Purple Heart (2d Award)
* AGCM (1st Award)
* VSM with one silver and two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Parachutist Badge
* MUC
* RVN Gallantry Cross with Palm Unit Citation (2d Award)  
* RVN Civil Actions Honor Medal First Class Unit Citation (3d Award)
* two Overseas Service 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 adding two Overseas Service Bars 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)                                         AR20110015169





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ABCMR Record of Proceedings (cont)                                         AR20110015169



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