BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110015205 


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 (Report of Separation from Active Duty) for the period ending 30 September 1977 to show the:

* Meritorious Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal with one silver and three bronze service stars vice one silver and one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation with 1st Oak Leaf Cluster
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The applicant states, in effect, the above awards were awarded or authorized but not listed or were listed incorrectly on his DD Form 214.  Specifically, his DD Form 214 falsely indicates the Republic of Vietnam Gallantry Cross with Palm (2 Awards) as individual awards vice unit awards.

3.  The applicant provides:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record)
* General Orders Number 1159, dated 10 December 1968, awarding him the Bronze Star Medal
* 
Special Orders Number 113, dated 3 October 1970, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Permanent Orders 85-9, dated 7 September 1977, awarding him the Meritorious Service Medal
* Official Statement of Award of the Good Conduct Medal, dated 21 June 1988
* letter from the National Personnel Records Center, dated 20 June 2011
* extract of Army Regulation 600-8-22 (Military Awards), table B-1, listing Vietnam campaigns
* extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* description of the Republic of Vietnam Campaign Medal with Device (1960)

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 enlisted in the Regular Army for 3 years on 14 June 1956 and held military occupational specialty 234.68 (Heavy Air Defense Artillery Fire Control Mechanic).

3.  He was honorably released from active duty on 12 June 1959 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows he completed 2 years, 11 months, and 29 days of creditable active service.

4.  He enlisted in the U.S. Air Force on 12 September 1960 and he was discharged on 26 April 1967.  His DD Form 214 for this period of service is not available for review with this case.

5.  He was appointed as a Reserve warrant officer and executed an oath of office on 27 April 1967.  He served in a variety of stateside or overseas assignments and he attained the rank of chief warrant officer three (CW3).

6.  He served in Vietnam as follows:

* 6 January 1968 to 5 January 1969 while assigned to the 147th Light Equipment Maintenance Company
* 24 June 1971 to 5 May 1972 while assigned to the 212th Combat Aviation Battalion

7.  Special Orders Number 113 issued by Headquarters, 169th Maintenance Battalion, Fort Hood, TX, dated 3 October 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  Permanent Orders 85-9 issued by Headquarters, 25th Infantry Division, Schofield Barracks, HI, dated 7 September 1977, awarded him the Meritorious Service Medal for service from March 1975 to September 1977.

9.  He was honorably retired on 30 September 1977 and he was placed on the Retired List in the rank of CW3 on 1 October 1977.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows the:

* Bronze Star Medal with 1st Oak Leaf Cluster
* Army Commendation Medal
* National Defense Service Medal
* Vietnamese Cross of Gallantry with Palm (2 Awards)
* Vietnam Service Medal with one silver and one bronze service stars
* Republic of Vietnam Campaign Medal

10.  On 21 June 1988, the U.S. Army Reserve Personnel Center, St. Louis, MO, issued him an official statement of award of the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active Federal military service during the period 14 June 1956 through 12 June 1959.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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.

12.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

13.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.

14.  Department of the Army Pamphlet 672-3 shows that during his service with the 147th Maintenance Company in Vietnam, this unit was cited for awards of the:

* Meritorious Unit Commendation for service from 20 July 1966 to 30 November 1968 based on Department of the Army General Orders Number 60, dated 1969
* Meritorious Unit Commendation for service from 1 January 1969 to 15 February 1970 based on Department of the Army General Orders Number 43, dated 1972

15.  A brief history of the "Vietnam Cross of Gallantry with Palm," also known as the "Vietnamese Cross of Gallantry with Palm" and currently known as the "Republic of Vietnam Gallantry Cross with Palm," states that it was a military decoration of South Vietnam which was established in August 1950.  It was originally awarded to any military personnel who accomplished deeds of valor or displayed heroic conduct while fighting an enemy force.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was also issued as a unit award. 
The unit citation was created in 1968 and was issued as the Gallantry Cross ribbon with a metal palm device.

16.  Appendix B of Army Regulation 600-8-22 shows that during his two periods of service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states a bronze service star will be worn on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

* 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 V – 1 July-1 November 1968
* Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969
* Vietnam Counteroffensive Phase VII – 1 July 1970-30 June 1971
* Consolidation I – 1 July-30 November 1971
* Consolidation II – 1 December 1971-29 March 1972
* Vietnam Cease-Fire – 30 March 1972-28 January 1973

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Meritorious Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 September 1977 to show this award.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 September 1977 to show this award.

3.  His DD Form 214 shows his award of the Republic of Vietnam Campaign Medal.  However, as a matter of clarity, this award should be shown as the Republic of Vietnam Campaign Medal with Device (1960).

4.  His DD Form 214 shows two awards of the Vietnam Cross of Gallantry with Palm.  However, as a matter of clarity, this award should be shown as the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award).

5.  The applicant served honorably during the period 14 June 1956 through 12 June 1959.  He completed 2 years, 11 months, and 29 days of active Federal military service that was later acknowledged by the U.S. Army Reserve Personnel Center which awarded him the Army Good Conduct Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 September 1977 to show this award.

6.  General orders awarded his unit in Vietnam two Meritorious Unit Commendations.  Therefore, his DD Form 214 for the period ending 30 September 1977 should be corrected to show these unit awards.

7.  He participated in nine campaigns during his service in Vietnam.  He is entitled to award of one silver and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal in lieu of the one silver and two bronze service stars currently shown on his DD Form 214.  Therefore, his DD Form 214 for the period ending 30 September 1977 should be corrected to show these service stars.

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:

	a.  deleting the following awards from item 26 of his DD Form 214 for the period ending 30 September 1977:

* Vietnamese Cross of Gallantry with Palm (2 Awards)
* Vietnam Service Medal with one silver and one bronze service stars
* Republic of Vietnam Campaign Medal

	b.  adding the following awards to item 26 of his DD Form 214 for the period ending 30 September 1977:

* Meritorious Service Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver and four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation (2nd Award)
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      __________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)                                         AR20110015205



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ABCMR Record of Proceedings (cont)                                         AR20110015205



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