BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120005257 


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) for the period ending 3 November 1971 to show award of the following:

* Campaign and Service Ribbon for 11 months and 1 day in the Republic of South Vietnam (Republic of Vietnam Campaign Medal with Device (1960) and Vietnam Service Medal)
* Bronze Star Medal with First Oak Leaf Cluster 
* Army Commendation Medal with First Oak Leaf Cluster
* Purple Heart
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Medical Badge 

2.  The applicant states, in effect, the requested awards and decorations are missing from his DD Form 214.

3.  The applicant provides:

* 2 DD Forms 214 covering the period ending 3 November 1971 and 14 March 1973
* General Orders Number 3565, Headquarters, Americal Division, APO San Francisco, dated 7 April 1979
* Army Commendation Medal Certificate for the period 1 April 1970 through 31 July 1970
* Army Commendation Medal Certificate, First Oak Leaf Cluster, for the period December 1969 to November 1970
* Bronze Star Medal Certificate for heroism in ground combat on 8 May 1970
* Bronze Star Medal Certificate, First Oak Leaf Cluster, for heroism in ground combat on 31 August 1970

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 on 27 December 1968.  He completed training and was awarded military occupational specialty 91B (Medical Specialist).  The highest rank/grade he attained while on active duty was specialist five/E-5.

3.  The applicant's DD Form 214 for the period ending 3 November 1971 shows in:

* Item 22 c (Foreign and/or Sea Service), 11 months and 1 day
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

*	National Defense Service Medal
*	Army Commendation Medal
*	Bronze Star Medal
*	Purple Heart
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a. Item 31 (Foreign Service) USARPAC (U.S. Army Pacific), Vietnam, for the period 16 December 1969 to 16 November 1970.
   b. Item 38 (Record of Assignments) he was assigned to the following units while in the Republic of Vietnam:

*	23d Administration Replacement Detachment during the period 19 December 1969 to 25 December 1969 
* Headquarters and Company A, 23d Medical Battalion during the period 26 December 1969 to 30 December 1969
* Company B, 23d Medical Battalion during the period 31 December 1969 to 15 November 1970

   c. Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service.  

d. Item 41 (Awards and Decorations) shows award of the following:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Combat Medical Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Purple Heart
* Bronze Star Medal with "V" Device

5.  The applicant was honorably released from active duty on 3 November 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 2 years, 10 months, and 7 days of creditable active military service.

6.  A review of the applicant's record reveals he is entitled to additional awards and decorations not shown on his DD Form 214 for the period ending 3 November 1971.

7.  His record is void of documentation showing he received a commander's disqualification for award of the Army Good Conduct Medal.

8.  Special Orders Number 057, Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, dated 26 February 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Hand Grenade Bar.  The order does not show award of any marksmanship qualification badge for the M-16.  Additionally, his records are void of orders awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  Special Orders Number 259, Headquarters, Americal Division, APO San Francisco, dated 16 September 1970, awarded the applicant the Combat Medical Badge.

10.  General Orders Number 14148, Headquarters, Americal Division, APO San Francisco, dated 24 October 1970, awarded the applicant the Bronze Star Medal with "V" Device and First Oak Leaf Cluster.

11.  The applicant's record contains two Army Commendation Medal Citations awarding him the Army Commendation Medal, First Oak Leaf Cluster for the period December 1960 to November 1970.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  

13.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

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

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The unit to which the applicant was assigned while in Vietnam, the 23d Medical Battalion, was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 32, dated 1973, for the period 1 September 1969 to 31 January 1971.

15.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  Army Regulation 635-5 (Personnel Separations - 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.  It further states to list awards and decorations for all periods of service in priority sequence as specified in Army Regulation 600-8-22 and that each entry will be verified by the Soldier's record.  Further, in 1973, this regulation stated all awards were to be listed on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 for the period ending 3 November 1971 to show award of the following was carefully considered and determined to have partial merit:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal with First Oak Leaf Cluster 
* Army Commendation Medal with First Oak Leaf Cluster
* Purple Heart
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Medical Badge 

2.  With regard to the Purple Heart and National Defense Service Medal, these awards are shown on the applicant's DD Form 214 for the period ending 3 November 1971.  Therefore, no correction is required regarding these awards.  

3.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge (Hand Grenade) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  His DD Form 214 for the period ending 3 November 1971 appears to have been erroneously updated with the M-14.  Therefore, he is entitled to correction of this DD Form 214 to show award of the Expert Marksmanship Qualification Badge (Hand Grenade) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

4.  The applicant served a qualifying period of service for award of the Vietnam Service Medal.  The evidence shows he participated in three campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with three bronze service stars to be affixed on this medal and correction of his DD Form 214 for the period ending 3 November 1971 to show this medal with three bronze service stars.

5.  The applicant served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 for the period ending 3 November 1971 to show this award.

6.  Although the order awarding the applicant the Army Commendation Medal, First Oak Leaf Cluster is not available, sufficient evidence confirms he received this award.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 3 November 1971 to show this award.

7.  General orders awarded the applicant the Bronze Star Medal with "V" Device and First Oak Leaf Cluster.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 3 November 1971 to show this award.

8.  Special orders awarded the applicant the Combat Medical Badge.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 3 November 1971 to show this badge.

9.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.  Therefore, the applicant is entitled to correction of his DD Form 214 for the period ending 3 November 1971 to show this award.

10.  General orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 3 November 1971 to show this unit award.

11.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 27 December 1968 through 3 November 1971 and correction of his DD Form 214 for the period ending 3 November 1971 to show this award.

12.  Army Regulation 635-5 was revised in 1973 and stated all awards were to be listed on the DD Form 214.  Therefore, his DD Form 214 for the period ending 14 March 1973 should be corrected to reflect the same awards, badges, and decorations as listed on his DD Form 214 ending 3 November 1971.

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 the following from his DD Form 214 for the period ending 3 November 1971:
   
   	*	Army Commendation Medal
   	*	Bronze Star Medal
   	*	Expert Marksmanship Qualification Badge (M-16)

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
27 December 1968 through 3 November 1971; and 

	c.  adding the following to his DD Forms 214 for the periods ending 3 November 1971 and 14 March 1973:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal with "V" Device and First Oak Leaf Cluster
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Army Commendation Medal, First Oak Leaf Cluster 
* Combat Medical Badge
* Expert Marksmanship Qualification Badge (Hand Grenade)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 award of the 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)                                         AR20120005257



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ABCMR Record of Proceedings (cont)                                         AR20120005257



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