IN THE CASE OF:  

		BOARD DATE:  8 November 2012

		DOCKET NUMBER:  AR20120008072 


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) to show all of his awards and his correct rank.

2.  The applicant states when he returned to the United States after completing his tour of duty in the Republic of Vietnam (RVN), his separation processing was very quick.  As a result, all of his awards were not recorded on his DD Form 214.

   a.  He states he served with the 1st Cavalry, I Corps, 25th Infantry Division, and sustained injuries in the RVN during a firefight at Khe Son valley.  His hands were burned and he sustained a shrapnel wound to his right lower leg.
A medical corpsman cleaned, dressed, and bandaged the wounds.

   b.  He was awarded the Purple Heart and the Bronze Star Medal with "V" device for heroism.  However, the two awards were sent to him through the mail. He received them in September 1970, after he had separated from the Army.

   c.  He adds that he qualified for and was awarded the Expert Marksmanship Qualification Badge with Rifle (M-16), Grenade Launcher (M-79), Pistol
(.45 caliber), and Tank Weapons Bars.  He was also awarded the Tank Crew Qualification Course Distinguished Award while assigned to the 14th Cavalry in Germany in 1968.


   d.  He received a battlefield promotion to sergeant (SGT)/pay grade E-5 three months before returning home, but he was separated as a specialist four (SP4)/ pay grade E-4.

3.  The applicant provides no additional documentary evidence in support of his application.

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 September 1967 for a period of 3 years.  He was awarded military occupational specialty 11E (Tank Driver).

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

   a.  item 29 (Qualification in Arms):

* Expert, Rifle (M-14), 6 November 1967
* Second Class, Grenade Launcher (M-79), 16 May 1868

	b.  item 31 (Foreign Service):

* Germany from 20 March 1968 through 14 December 1968
* Vietnam from 7 February 1969 through 30 April 1970

  	c.  item 33 (Appointments and Reductions), in part:

* SP4 E-4 (Temporary (T)), Date of Rank (DOR):  22 November 1968
* Private First Class E-3 (Permanent), DOR:  29 October 1969
* SP4 E-4 (T), DOR:  8 January 1970

	d.  item 38 (Record of Assignments):

* 23rd Adjutant General Administration Company, Replacement Detachment, from 11 through 17 February 1969
* Company A, 523rd Signal Battalion, from 18 February through
14 November 1969
* Company B, 523rd Signal Battalion, on 15 November 1969
* Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry, from 16 November 1969 through 24 April 1970

   e.  item 39 (Campaigns):

* Tet 1969 Counteroffensive
* to be determined campaign

	f.  item 40 (Wounds):  no entry (blank); and

	g.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
* two Overseas Service Bars
* Second Class Marksmanship Qualification Badge with Grenade Launcher (M-79) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar

4.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, Special Orders Number 277, dated 16 November 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

5.  Headquarters, 3rd Squadron, 14th Armored Cavalry, Special Orders Number 113, dated 28 May 1968, awarded the applicant the Second Class (Marksman) Marksmanship Qualification Badge with Grenade Launcher (M-79) Bar.

6.  Headquarters, Americal Division, Special Orders Number 19, dated
19 January 1970, appointed the applicant to SP4 (E-4) effective 8 January 1970.

7.  Headquarters, Americal Division, General Orders Number 3701, dated
9 April 1970, awarded the applicant the Bronze Star Medal for meritorious service from November 1969 through April 1970.
8.  Headquarters, Americal Division, General Orders Number 4370, dated
1 May 1970, awarded the applicant the Purple Heart for wounds received on
15 December 1969.

9.  The applicant's DD Form 214 shows he was honorably released from active duty (REFRAD) on 1 May 1970 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He had completed 2 years, 7 months, and 5 days of active service that included 1 year, 11 months, and 18 days of foreign service.  It also shows in:

* item 5a (Grade, Rate or Rank):  SP4

* item 5b (Pay Grade):  E-4

* item 6 (DOR):  8 January 1970

* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
* two Overseas Service Bars

10.  A review of the applicant's military personnel records failed to reveal any evidence that he was:

* awarded the:

* Bronze Star Medal with "V" device for heroism
* Expert Marksmanship Qualification Badge with Rifle (M-16), Grenade Launcher (M-79), Pistol (.45 caliber), or Tank Weapons Bars
* Tank Crew Qualification Course Distinguished Award

* appointed or promoted to grade E-5

11.  A 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 U.S. Army Human Resources Command, failed to reveal any other award orders pertaining to the applicant.

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 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)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to:

   a.  the 523rd Signal Battalion and Headquarters and Headquarters Troop,
1st Squadron, 1st Cavalry, both the battalion and the squadron were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
24 August to 31 December 1969 and 31 March to 30 June 1970 by Department of the Army General Orders Number 42, dated 27 November 1972; and

	b.  paragraph 6 of the pamphlet states that 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, only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his awards and that he was REFRAD as a SGT (E-5).

2.  Special orders appointed the applicant to SP4 (E-4) effective 8 January 1970.
His DD Form 214 shows he was REFRAD on 1 May 1970 in the rank/grade of SP4/E-4.  There is no evidence of record, and the applicant provides insufficient evidence, to show he was appointed or promoted to grade E-5.  Therefore, he is not entitled to correction of the rank/grade recorded on his DD Form 214.

3.  The evidence of record shows:

   a.  general orders awarded the applicant the:

* Bronze Star Medal
* Purple Heart

	b.  the applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal;

   c.  special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Grenade Launcher (M-79) Bar; and

   d.  general orders awarded the applicant's two units the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August to 31 December 1969 and 31 March to 30 June 1970;

	 	(1)  in the case of duplicate awards covering the same period, only one award will be recorded in official military and historical records;

	 	(2)  thus, the applicant is entitled to correction of his records to show this foreign unit award.

   e.  There is no evidence of record that shows the applicant was awarded the Bronze Star Medal with "V" Device; Expert Marksmanship Qualification Badge with Rifle (M-16), Grenade Launcher (M-79), Pistol (.45 caliber), or Tank Weapons Bars; or the Tank Crew Qualification Course Distinguished Award. Therefore, he is not entitled to correction of his records to show these awards.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.


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 the "VSM"; and

	b.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Purple Heart
* Vietnam Service Medal with 4 bronze service stars
* Marksman Marksmanship Qualification Badge with Grenade Launcher (M-79) Bar
* Republic of Vietnam Gallantry Cross with Palm 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 the Bronze Star Medal with "V" Device; Expert Marksmanship Qualification Badge with Rifle (M-16), Grenade Launcher (M-79), Pistol (.45 caliber), and Tank Weapons Bars; the Tank Crew Qualification Course Distinguished Award; and his rank.




      _______ _   _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)                                         AR20120008072



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008072



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1