IN THE CASE OF:	  

		BOARD DATE:  13 November 2012

		DOCKET NUMBER:  AR20120005685 


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) to show his second award of the Bronze Star Medal and award of the Meritorious Service Medal.

2.  He states he can think of no reason other than common error for the omission of these awards.

3.  He provides:

* General Orders Number 555, issued by Headquarters, 1st Infantry Division, dated 16 April 1966
* General Orders Number 201, issued by Headquarters, 1st Cavalry Division, dated 20 May 1974
* Bronze Star Medal Certificate for heroism in Vietnam on 23 February 1966
* Bronze Star Medal Certificate for meritorious achievement in Vietnam during the period October 1968 to October 1969
* his DD Form 214 for the period ending 31 May 1974

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 31 May 1974, the applicant retired by reason of sufficient service for retirement in the rank/grade of sergeant first class (SFC)/E-7.  He completed
20 years, 1 month, and 13 days of total active service.  His record contains three DD Forms 214 for the periods ending 21 January 1957 and 1 March 1966, and his final DD Form 214 for the period ending 31 May 1974.  These separation documents combined show he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with one silver and two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Air Medal (AM) with Numeral 7
* United Nations Service Medal
* Korean Service Medal
* Expert Marksmanship Qualification Badge with Carbine Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows he:

* served two tours of duty in Korea from 2 July 1954 through 10 November 1955 and 27 September 1963 through 27 July 1964
* served two tours of duty in Vietnam:

* from 21 September 1965 through 20 September 1966 with Troop D, 1st Squadron, 4th Cavalry


* from 2 October 1968 through 1 October 1969 with Battery B,
2nd Battalion, 20th Artillery, 1st Air Cavalry

* was awarded the 8th award of the Air Medal by General Orders Number 1260, issued by Headquarters, 1st Infantry Division, dated 17 July 1966
* was awarded the 9th award of the Air Medal by General Orders Number 1993, issued by the same headquarters, dated 24 August 1966
* received all "excellent" conduct and efficiency ratings throughout his military service beginning on 19 April 1957
* he was awarded the Army Good Conduct Medal (1st Award) for the period ending 5 December 1962 by General Orders Number 2, issued by Headquarters, 1st Infantry Division, dated 3 January 1963

4.  General Orders Number 201, dated 20 May 1974, awarded the applicant the Meritorious Service Medal for meritorious service during the period 7 September 1971 to 31 May 1974.

5.  The applicant provided a Bronze Star Medal Certificate for meritorious achievement in ground operations against hostile forces in Vietnam during the period October 1968 to October 1969.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Bronze Star Medal by official orders.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any Bronze Star Medals pertaining to the applicant.

7.  His record is void of documentation showing he was recommended for or awarded subsequent awards of the Army Good Conduct Medal.  He has no record of nonjudicial punishment (NJP) or court-martial conviction.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his military career.

8.  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.


9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  
It states:

	a.  The Bronze Star Medal 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 National Defense Service Medal 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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the service medal.

	c.  The Korea Defense Service Medal 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.   During the applicant's tours of duty, his units earned the following awards:

	a.  The 1st Squadron, 4th Cavalry was awarded:

* Presidential Unit Citation for the period June through July 1966 by Department of the Army General Orders (DAGO) Number 31, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by DAGO Number 21, dated 1969

	b.  The 2nd Battalion, 20th Artillery, 1st Air Cavalry was awarded:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by DAGO Number 11, dated 1973
* 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

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) 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.

12.  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 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.  General orders awarded the applicant the Meritorious Service Medal for meritorious service during the period 7 September 1971 through 31 May 1974.  Therefore, his DD Form 214 for the period ending 31 May 1974 should be corrected to show this award.

2.  The applicant provides a Bronze Star Medal Certificate that indicates he was awarded the Bronze Star Medal for meritorious achievement in Vietnam from October 1968 to October 1969.  However, the governing Army regulation states that for personal decorations (that include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.  In the absence of official orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

3.  The applicant's record shows he was awarded two subsequent Air Medals that are not shown on his DD Form 214.  Therefore, his DD Form 214 for the period ending 31 May 1974 should be corrected to show the Air Medal with Numeral 9.

4.  His record shows he was awarded the Army Good Conduct Medal
(1st Award) for the period ending 5 December 1962 and this award is shown on 


his DD Form 214 for the period ending 1 March 1966.  Regulatory guidance states the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed.  His record shows he received all "excellent" conduct and efficiency ratings beginning on 19 April 1957.  His record also contains no NJP or court-martial convictions that would have disqualified him from being recommended for and awarded additional Army Good Conduct Medals.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the periods as follows:

* Army Good Conduct Medal (1st Award) for the period 19 April 1957 through 18 April 1960
* Army Good Conduct Medal (2nd Award) for the period 19 April 1960 through 18 April 1963
* Army Good Conduct Medal (3rd Award) for the period 19 April 1963 through 18 April 1966
* Army Good Conduct Medal (4th Award) for the period 19 April 1966 through 18 April 1969
* Army Good Conduct Medal (5th Award) for the period 19 April 1969 through 18 April 1972

5.  His units in Vietnam were cited for the following awards during his period of service in Vietnam.  Therefore, his DD Form 214 for the period ending 31 May 1974 should be corrected to show these unit awards:

* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

6.  Records show the applicant served during two designated periods for entitlement to a bronze service star for wear on his already-awarded National Defense Service Medal.  Therefore, his DD Form 214 for the period ending
31 May 1974 should be corrected to show this bronze service star.

7.  Records show the applicant served during a qualifying period for entitlement to the Korea Defense Service Medal.  He had previously been awarded the Korean Service Medal and the United Nations Service Medal.  Therefore, his   DD Form 214 for the period ending 31 May 1974 should be corrected to show these awards.

8.  Records show he qualified marksman with the carbine, expert with the M-1 rifle, and expert with the M-14 rifle.  Therefore, his DD Form 214 for the period ending 31 May 1974 would be corrected to show these weapons qualifications.


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 31 May 1974 the:

* Air Medal with Numeral 7
* Army Good Conduct Medal
* National Defense Service Medal

	b.  awarding him the Army Good Conduct Medal (and revoking any previous Army Good Conduct Medal orders, if available):

* 1st Award for the period 19 April 1957 through 18 April 1960
* 2nd Award for the period 19 April 1960 through 18 April 1963
* 3rd Award for the period 19 April 1963 through 18 April 1966
* 4th Award for the period 19 April 1966 through 18 April 1969
* 5th Award for the period 19 April 1969 through 18 April 1972

	c.  adding to his DD Form 214 for the period ending 31 May 1974 the:
   
* Air Medal with Numeral 9
* Meritorious Service Medal
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal with one bronze service star
* Korean Service Medal
* Korea Defense Service Medal
* United Nations Service Medal
* Presidential Unit Citation


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(3nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Carbine Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert 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 correcting his DD Form 214 to show an additional award of the Bronze Star Medal.



      _______ _   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.


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