IN THE CASE OF:	  

		BOARD DATE:  18 September 2012

		DOCKET NUMBER:  AR20120002656 


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 line 8 of item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) to show he was assigned to Battery B, 2nd Battalion (Airmobile), 11th Artillery.  He also requests:

* issuance of the Army Good Conduct Medal (AGCM) awarded to him by the 1st Armored Division
* issuance of the Bronze Star Medal (BSM)
* the AGCM he did not receive from Battery A, 1st Battalion, 39th Field Artillery

2.  He states his DA Form 20 shows the wrong firing battery.  He was in
Battery C, not Battery B.  He also states he was unable to pick up the BSM he was awarded upon leaving Vietnam.  He was informed by fellow members of his unit that they had gotten theirs, but out of concern for his safety, he did not return to pick up his BSM.  He states he was awarded the AGCM by the 1st Armored Division, and he did not receive his AGCM from Battery A, 1st Battalion,
39th Field Artillery.

3.  He provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 April 1973
* correspondence he received from the National Personnel Records Center (NPRC), St. Louis, MO, dated 23 November 2009


* pages 1 and 2 of a temporary DA Form 20
* his DA Form 20
* a self-authored statement to the U.S. Army Human Resources Command (HRC), St. Louis, MO, dated 21 December 2009

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.  On 8 December 1960, the applicant enlisted in the Regular Army (RA) for a period of 3 years.

3.  Section 5 (Service Outside the Continental United States) of his DA Form 24 (Service Record) shows he served in Korea from 29 June 1961 to 22 August 1962.  Section 4 (Chronological Record of Military Service) shows he received one “unsatisfactory” efficiency rating.

4.  On 6 December 1963, he was honorably released from active duty (REFRAD) at the expiration of his term of service (ETS) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at that time shows he was awarded the Marksman Marksmanship Qualification Badge with Carbine and Rifle Bars.

5.  On 28 December 1964, he enlisted in the RA for a period of 3 years.  His record contains limited documentation pertaining to this period of service.

6.  On 14 December 1967, he was honorably discharged at his ETS.  His
DD Form 214 for this period of service shows in:

* item 12 (Last Duty Assignment and Major Command) he was assigned to Headquarters and Headquarters Service Battery (HHSB), 3rd Battalion, 19th Artillery, 1st Armored Division, Fort Hood, TX
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Vietnam Service Medal (VSM) with two bronze service stars
* National Defense Service Medal (NDSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  His record does not show his conduct and efficiency ratings for the period 28 December 1964 to 14 December 1967.

8.  His record does not contain orders showing the 1st Armored Division awarded him the AGCM.

9.  On 6 April 1970, following a period of USAR service, he again enlisted in the RA.

10.  His record includes a copy of a DA Form 20 that shows in:

* item 31 (Foreign Service) he served in Vietnam during two periods:

* 15 October 1965 through 14 October 1966
* 25 February through 23 December 1971

* item 38, during his second period of service in Vietnam, he was assigned to duty with:

* Headquarters and Headquarters Battery, 2d Battalion, 11th Artillery
* Battery B, 2d Battalion (Airmobile), 11th Artillery (the entry for the battery is ambiguous and could be read as "C")

* item 38 he received all "excellent" conduct and efficiency ratings throughout the period covered by the DA Form 20 (6 April 1970 through
6 April 1973)

11.  His DA Form 2166-4 (Enlisted Efficiency Report) for the period February to December 1971 shows he was assigned to Battery B, 2d Battalion (Airmobile), 11th Artillery, 101st Airborne Division (Airmobile).



12.  On 5 April 1973, he was honorably discharged at his ETS.  He completed
3 years of net service this period.  The DD Form 214 he was issued for this period of service shows in:

* item 12 he was assigned to Battery A, 1st Battalion, 39th Field Artillery
* item 24 the Expert Marksmanship Qualification Badge with Rifle Bar
(M-16)

13.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the AGCM for the period 6 April 1970 through 5 April 1973.

14.  His record shows he continued his service in the Army National Guard and USAR.  On 1 March 1991, he was ordered to active duty in support of Operation Desert Shield/Desert Storm.  He was honorably REFRAD on 6 April 1991 at ETS.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of the DD Form 214 he was issued at the time, as amended by a DD Form 215 (Correction to DD Form 214), dated 14 February 1992, shows he was awarded or authorized the:

* Army Service Ribbon
* NDSM (2nd Award)
* RVN Campaign Medal with Device (1960)
* VSM with two bronze service stars
* Army Achievement Medal
* Expert Marksmanship Qualification Badge with Rifle (M-16) and Pistol
(.45 Caliber) Bars
* Noncommissioned Officer Professional Development Ribbon with
Numeral 2

15.  On 10 June 2003, the applicant was placed on the Army of the United States Retired List with 21 years, 11 months, and 16 days of service qualifying for retirement.

16.  There is no evidence of record and he did not provide any evidence that shows he was awarded the BSM.

17.  Review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.


18.  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.  There must have been no convictions by a court-martial.

19.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The regulatory guidance on the Vietnam Service Medal is contained in Paragraph 2-13.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)
*  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)

20.  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 2nd Battalion, 11th Artillery, was cited for award of the:


* RVN Gallantry Cross with Palm Unit Citation for the period 18 April through 31 August 1971 by Department of the Army General Orders (DAGO) Number 6, dated 1974
* RVN Gallantry Cross with Palm Unit Citation for the period 6 through 19 September 1971 by DAGO Number 6, dated 1974

21.  Paragraph 6 (Miscellaneous Information) of this pamphlet 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.

22.  Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in effect, 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.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his DA Form 20 to show he was assigned to Battery B, 2nd Battalion (Airmobile), 11th Artillery.  While the entry in question is ambiguous, it appears it may, in fact, be correct.  Any ambiguity may be the result of the poor quality of the available copy.

2.  During the period in question, an individual's assignments were entered in item 38 of DA Form 20.  After a Soldier is discharged, this form is not normally accessible by individuals other than the Soldier and making corrections to these forms generally provides no benefit.  In the absence of evidence showing a mistake or omission on his DA Form 20 has resulted in inequity or injustice, there is no basis for granting this portion of his request.

3.  The evidence of record does not show and he has not provided any evidence showing he was awarded the BSM.  Therefore, in the absence of such evidence, there is no basis for correcting his record to show this award or issuing the BSM to him.

4.  The evidence of record does not show and he has not provided any evidence showing the 1st Armored Division awarded him the AGCM.  Therefore, in the absence of such evidence, there is no basis for granting this portion of his request.

5.  During his RA service from 6 April 1970 through 5 April 1973, he received all "excellent" conduct and efficiency ratings, and there is no record of a commander's disqualification that would have precluded him from being awarded the first award of the AGCM for this period of service.  Therefore, it would be appropriate at this time to award him the first award of the AGCM for his period of active Federal service from 6 April 1970 through 5 April 1973 and to correct his DD Form 214 for the period ending 6 April 1991 to show this award.

6.  During his first RA enlistment, he completed a period of service in Korea that qualified him for award of the KDSM.  Therefore, his DD Form 214 for the period ending 6 April 1991 should be corrected to show this award.

7.  Records show the applicant participated in six campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded VSM and correction of his 
DD Form 214 for the period ending 6 April 1991 to show these service stars.

8.  The applicant's unit in Vietnam was cited for two awards of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Although he is authorized to wear only one award, his DD Form 214 for the period ending 6 April 1991 should be corrected to show two awards of this unit award.

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 his DD Form 214 for the period ending 6 April 1991 the Vietnam Service Medal with two bronze service stars;
	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
6 April 1970 through 5 April 1973; and

	c.  adding to his DD Form 214 for the period ending 6 April 1991 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)

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 correction of his DA Form 20, issuance of the BSM, and issuance of an AGCM awarded to him by the
1st Armored Division.



      __________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)                                         AR20120002656



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ABCMR Record of Proceedings (cont)                                         AR20120002656



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