IN THE CASE OF:	  

		BOARD DATE:  28 August 2012

		DOCKET NUMBER:  AR20120004475 


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 all of his awards and decorations be recorded and issued.

2.  The applicant states certain decorations were awarded, but not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); other decorations were recorded, but never awarded.

3.  The applicant provides:

* DD Form 214 MC for the period 15 April 1965 through 12 July 1968 while serving as a rifleman in the U.S. Marine Corps (USMC)
* DD Form 214 for the period 19 November 1968 through 19 February 1970 while serving as a medical corpsman in the Regular Army (RA)
* DD Form 214 for the period 20 February 1970 through 3 October 1972 while serving as a medical corpsman in the RA

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 Official Military Personnel File (OMPF) contains a DA Form 20 (Enlisted Qualification Record) that shows in:

* item 31 (Foreign Service), three tours in the Republic of Vietnam (RVN)

* 14 April 1966 through 14 April 1968 (USMC) – (24 months)
* 19 April 1969 through 4 November 1969 (RA) – (9 months)
* 10 April 1970 through 18 March 1971 (RA) – (12 months)

* item 38 (Record of Assignments), he served in the RVN as a:

* medic with Headquarters and Headquarters Company (HHC),
1st Battalion, 8th Cavalry, 1st Cavalry Division (24 April 1969 – 4 November 1969)
* medical corpsman with HHC, 62nd Engineer Battalion (15 April – 
23 June 1970)
* medic with HHC, 554th Engineer Battalion (Construction) (24 June – 
1 July 1970)
* section chief with Headquarters and Headquarters Troop (HHT),
1st Squadron, 11th Armored Cavalry Regiment (ACR) (2 July – 
23 July 1970)
* section chief with HHC, 554th Engineer Battalion (Construction)
(27 July - 13 August 1970)
* section chief with the 37th Medical Company, 11th ACR (14 August – 18 March 1971)

* item 41 (Awards and Decorations):

				Army Awards									USMC Awards

National Defense Service Medal (NDSM)
SS
Vietnam Service Medal (VSM)
PH (4th OLC)
RVN Campaign Medal (RVNCM) with Device (1960)
Combat Action Ribbon (CAR)

Silver Star (SS) with 1st Oak Leaf Cluster (OLC)
Presidential Unit Citation (PUC)(Navy)
Air Medal (AM)

Overseas Service Bars (OSB) (7)

Combat Medical Badge (CMB)

RVN Gallantry Cross with Palm Unit Citation

3.  The applicant's three DD Forms 214 officially list the following awards and decorations in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons):

		USMC SVC					1st RA SVC					2nd RA SVC

SS
SS w/OLC
Exp Badge (M-16)
PH
PH

NDSM
AM

VSM
NDSM

VCM with Device (1960)
VSM with 6 bronze service stars


VCM with Device (1960)


OSB (5)


RVN Gallantry Cross with Palm Unit Citation 

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Regarding awards, the version of the regulation in effect at the time states in paragraph 53, "Enter…all decorations, service medals, campaign credits, and badges awarded or authorized….” (emphasis added).

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:


	a.  A bronze service star (BSS) is worn on the appropriate service ribbon, to include the VSM, for each credited campaign; a silver service star will be worn in lieu of five bronze service stars.  During the applicant's service in the RVN he participated in 10 campaigns during his combined military service – 5 during his USMC service, 3 during his first RA tour, and 2 during his second RA tour.

* USMC:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* 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)

* first RA tour:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

* second RA Tour:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) (Overlaping)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	b.  The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

6.  Army Regulation 670-1, in effect at the time, governs the criteria for the Oversea Service Bar (OSB).  It provided that 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.  There are special provisions regarding 
authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is 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 are counted as a whole months for credit toward the overseas service bar.  During the applicant's RVN service, he earned 7 OSBs.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  During the applicant's assignments in Vietnam the:

	a.  8th Cavalry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

	b.  554th Engineer Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by DAGO Number 5, dated 1973.

8.  Paragraph 6 (Miscellaneous Information) of the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 MC is not an Army record.  The applicant is advised to make application to the Board for Correction of Naval Records using a DD Form 149 mailed to the address on the back of the form for Navy and Marine Corps completed applications.  The applicant is advised that at a minimum, he could request correction of his DD Form 214 MC to show all of his Purple Hearts, the Combat Action Ribbon, and the Presidential Unit Citation.

2.  Army Regulation 635-5 states "…all decorations, service medals, campaign credits, and badges awarded or authorized…" will be shown on DD Form 214.  That means the awards earned during his service in the USMC and shown on his DD Form 214 MC should be brought forward to his first RA DD Form 214, and those awards should then be brought forward to his second RA DD Form 214.

3.  In his first period of RA service, the applicant was awarded the Combat Medical Badge.  That badge and the Purple Heart from his USMC service should be added to his DD Form 214 for the period ending 19 February 1970.  Additionally, his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and that foreign unit award should be added.  Furthermore, he should be credited with participation in 8 campaigns – 5 during his USMC service and 3 during his first RA tour in Vietnam.  Therefore, the entry in item 24 of his DD Form 214 for the period ending 19 February 1970 should read the:

* Silver Star (2nd Award)
* Purple Heart (2nd Award)
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal with 1 silver service star and 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge
* Five Overseas Service Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  The DD Form 214 for his second period of RA service for the period ending 3 October 1972 should be corrected to show all awards from his DD Form 214 for the period ending 19 February 1970, plus two additional bronze service stars for wear on his Vietnam Service Medal, and two additional Overseas Service Bars.  He should also receive credit for a second Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the entry in item 24 of his DD Form 214 for the period ending 3 October 1972 should read the:

* Silver Star (2nd Award)
* Purple Heart (2nd Award)
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal with two silver service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Seven Overseas Service Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



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 item 24 of his DD Form 214 for the period ending
19 February 1970 the current entry and replacing it with the entry:

* Silver Star (2nd Award)
* Purple Heart (2nd Award)
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal with 1 silver service star and 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge
* Five Overseas Service Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	b.  deleting from item 24 of his DD Form 214 for the period ending 3 October 1972 the current entry and replacing it with the entry:

* Silver Star (2nd Award)
* Purple Heart (2nd Award)
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal with two silver service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Seven Overseas Service Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 making any corrections to the DD Form 214 MC.



      __________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)                                         AR20120004475



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ABCMR Record of Proceedings (cont)                                         AR20120004475



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