IN THE CASE OF:	  

		BOARD DATE:	  10 January 2013

		DOCKET NUMBER:  AR20120011208 


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: 

	a.  issuance of the below awards and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add to item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) the 

* Cold War Medal, properly referred to as the Cold War Recognition Certificate
* Enlisted Promotion Badge
* Honorable Service Lapel Pin Badge, properly referred to as the Army Lapel Button
* Professional Medical Badge properly referred to as the Combat Medical Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry Cross with Individual Citation

	b.  correction of his DD Form 214 in item 25 (Education and Training Completed) to add the:

* Special Forces Aidman course
* Leadership Preparation school
* Airborne course

2.  The applicant states, in effect, these schools and awards were not added to his DD Form 214 at the time of his discharge.  In addition, he would like the requested awards issued.

3.  The applicant provides:

* Certificate of training, dated 1 July 1966
* Diploma, Airborne course, dated, 29 July 1966
* Diploma, Special Forces Aidman (Airborne) course, dated 28 April 1967
* Undated form from the American War Library
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214
* 29 pages of various medical records
* 4 pages of various dental records
* Department of Veterans Affairs (VA) Form 21-2507 (Request for Physical Examination), dated 7 February 1969
* VA Form 23-3183 (Adjustment of Duplicate File Numbers), dated 
28 January 1969
* VA Form 21-525e (Veterans Application for Compensation or Pension at Separation From Service), dated 27 January 1969

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 Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the Armed Forces and 


qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 
2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, Department 480, 1600 Spearhead Avenue, Fort Knox, KY  40122-5408.  Based on this information, the applicant's request for the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings (ROP).

3.  He requested correction of his DD Form 214 to show the Professional Medical Badge.  The Board interpreted his request to mean the "Combat Medical Badge." This award is already reflected on his DD Form 214.  Therefore, this portion of his request will not be discussed further in this ROP.

4.  He enlisted in the Regular Army on 27 January 1966 and held military occupational specialty 91B (Medical Specialist).  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

5.  Special Orders (SO) Number 21, issued by Headquarters, 3rd Brigade, U.S. Army Training Center, Fort Ord, CA, on 10 March 1966 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  His record contains a certificate of training, issued by the U.S. Army School and Training Center, Fort Gordon, GA, on 1 July 1966.  This certificate shows he successfully completed the two-week leadership preparation school.

7.  SO Number 171, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, on 27 July 1966, awarded him the Parachutist Badge.  

8.  His DA Form 20 shows he completed the 10-week Special Forces Aidman course in 1967 and he was assigned to Vietnam from 29 April 1968 to 
20 December 1969 and served with Headquarters and Headquarters Company, 1st Battalion, 12th Calvary Regiment, 1st Cavalry Division from 4 May 1968 to 
18 December 1968.

9.  General Orders (GO) Number 933, issued by Headquarters, 1st Calvary Division (Airmobile), Vietnam, on 22 January 1969, awarded him the Bronze Star Medal.

10.  There is no evidence in his record such as foreign award orders showing he was awarded the Republic of Vietnam Gallantry Cross as a personal decoration.


11.  He was honorably released from active duty on 21 December 1968.  His DD Form 214 shows he completed 2 years, 10 months, and 25 days of net active service, of which 7 months and 23 days was credited as foreign service.  His DD Form 214 did not record any education or training.  Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Campaign Medal
* Vietnam Service Medal
* Parachutist Badge
* Combat Medical Badge

12.  He provided a diploma issued by the U.S. Army Infantry School, Fort Benning, GA on 29 July 1966, certifying he completed the Airborne course.

13.  Army Regulation 600-8-22 states the Army Lapel Button is a gratuitous issue and the eligibility requirements are:   

* transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate)
* transitioning under a non-adverse separation provision
* having served a minimum 9 months continuous service - a break in service is 24 hours or more
* having had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986 
* retroactive issuance is not authorized
* no Soldier separating from the Service is to be awarded more than one Army Lapel Button

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
15.  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 1st Battalion, 12th Calvary Regiment, 1st Cavalry Division 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 DAGO Number 56, dated 1969.

16.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.     

17.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time provided for an entry in item 25 to show installation training courses (qualification courses), military correspondence courses, and off duty courses the enlisted person successfully completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his request for award of the Enlisted Promotion Badge:

	a.  There is no indication in the DOD awards manual or Army Regulation 600-8-22 (Military Awards) that such a badge exists.  The Army recognizes the promotion of enlisted personnel through the issuance of promotion orders.  These orders serve as a record of and authorization for the Soldier's promotion.  

	b.  If the applicant is referring to the promotion insignia appropriate for his rank, an insignia is an item of clothing governed by Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) and are not entered on the DD Form 214.

2.  The evidence of record shows the applicant received an honorable characterization of service upon his release from active duty.  However, he was not in an active status after 1 April 1984.  Therefore, he does not meet the criteria for the Army Lapel Button.

3.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); however, this badge was incorrectly entered on his DD Form 214 as the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show the correct marksmanship badge. 

4.  GO awarded him the Bronze Star Medal.  This award was not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

5.  The evidence of record shows that during his service in Vietnam he participated in three campaigns.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

6.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  The evidence of record shows he completed the Special Forces Aidman course, the Leadership Preparation school, and the Airborne course.  Therefore, he is entitled to correction of his DD Form 214 to add this training.  

8.  His records do not contain foreign award orders nor has he provided evidence to show he was authorized the Republic of Vietnam Gallantry Cross as an Individual Citation.  Therefore, he is not entitled to have this award added to his DD Form 214.

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 Marksman Marksmanship Qualification Badge with Rifle bar (M-14) and the Vietnam Service Medal.

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

* Bronze Star Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

	c.  adding to item 25 of his DD Form 214:

* Special Forces Aidman 
* Leadership Preparation 
* Airborne 

2.  The Board further determined 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 Enlisted Promotion Badge, Republic of Vietnam Gallantry Cross with Individual Citation, and the Army Lapel Button.



      _______ _   _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)                                         AR20120011208





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ABCMR Record of Proceedings (cont)                                         AR20120011208



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