BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120011874 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 15 October 1970 to show the Legion of Merit. 

2.  The applicant states the award was omitted. 

3.  The applicant provides General Orders (GO) Number 1777 awarding him the Legion of Merit. 

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 is a retired command sergeant major (CSM) who served in the Regular Army through multiple extensions or reenlistments from 21 February 1945 to 15 October 1970.  He was issued multiple separation documents throughout his distinguished career.

3.  He was initially inducted into the Army of the United States on 21 February 1945 and he was honorably discharged on 26 October 1945.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  He enlisted in the Regular Army on 27 October 1945.  He served in France from 30 December 1945 to 27 August 1946.  He was honorably discharged on 26 October 1946.  His WD AGO Form 53-55 for this period shows the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp

5.  A WD AGO Form 53-55 or DD Form 214 for the period 28 August 1946 through 5 May 1950 is not available for review with this case.  However, it appears during this period he served in Alaska from April to September 1948 and Japan, from 17 May 1949 to 20 July 1952.

6.  He reenlisted in the Regular Army while in Japan on 6 May 1950.  He further served in Germany from January 1953 to February 1956 and November 1957 to July 1960.  He was honorably discharged on 2 July 1961.  His DD Form 214 for this period shows the:

* National Defense Service Medal
* Army of Occupation Medal with Germany Clasp
* Army of Occupation Medal with Japan Clasp
* Good Conduct Medal (3rd Award)

7.  He reenlisted in the Regular Army while at Fort Hood, TX on 3 July 1961.  He further served in Germany from November 1961 to April 1962 and Saudi Arabia from November 1962 to November 1963.  He was honorably discharged on 2 July 1966.  His DD Form 214 for this period shows the:

* Good Conduct Medal (4th Award)
* Army Commendation Medal (2nd Oak Leaf Cluster)
* National Defense Service Medal (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

8.  He reenlisted in the Regular Army while in Germany on 3 July 1966.  He served in Germany from June 1965 to May 1968.  He was honorably discharged on 2 July 1969.  His DD Form 214 for this period shows the:

* Good Conduct Medal (5th Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

9.  He reenlisted in the Regular Army on 3 July 1969.  He served in Vietnam from 23 August 1969 to 7 May 1970, a period of 8 months and 15 days.  He was assigned as the Squadron CSM, 2nd Squadron, 11th Armored Cavalry Regiment.  

10.  GO Number 81, issued by Headquarters, 3rd Field Hospital on 10 April 1970, awarded him the Purple Heart for wounds received in action on 8 April 1970. 

11.  Special Orders (SO) Number 101, issued by Headquarters, 11th Armored Cavalry Regiment, on 11 April 1970 awarded him the Combat Infantryman Badge.

12.  GO Number 2673, issued by Headquarters, II Field Force Vietnam on 21 June 1970, awarded him the Air Medal for meritorious achievement from 16 June to 17 April 1970.  

13.  GO Number 1777, issued by Headquarters, U.S. Army Vietnam, on 13 June 1970, awarded him the Legion of Merit for exceptionally meritorious service.

14.  He was permanently retired by reason of physical disability on 15 October 1970.  His DD Form 214 for this period shows the:

* National Defense Service Medal with oak leaf cluster
* Army Commendation Medal (2nd Oak Leaf Cluster)
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart

15.  A review of his records indicates his entitlement to additional awards which are not shown on his records and/or DD Form 214.

16.  Item 41 (Awards and Decorations) and/or item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows, in addition to the various awards shown on his DD Forms 214, he was awarded the:

* Expert Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* American Campaign Medal
* Army Good Conduct Medal (5th Award)

17.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

18.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam from 23 August 1969 to 7 May 1970 participation credit was awarded for the below three campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970

19.  Department of the Army GO (DAGO) awarded the applicant's unit of assignment in Vietnam, the 2nd Squadron, 11th Armored Cavalry Regiment, the following awards:

* Valorous Unit Award, for valor from 1 May to 29 June 1970, based on DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 1 May 1969 to 15 February 1970, based on DAGO Number 50, dated 1971 and for service from 1 March to 30 October 1970, based on DAGO Number 55, dated 1971

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states 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.  



DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Legion of Merit which is not shown on his last DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  GO awarded him the Air Medal which is not shown on his last DD Form 214; therefore, he is entitled to correction of his last DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal.  He also received campaign participation credit for three campaigns during his service in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his Vietnam Service Medal.

4.  He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960) which is not shown on his last DD Form 214.  Therefore, he is entitled to correction of his last DD Form 214 to show this award.

5.  GO awarded his unit in Vietnam the Valorous Unit Award and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although multiple awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, he is entitled to correction of his last
DD Form 214 to show these unit awards.

6.  The applicant served honorably and faithfully from 21 February 1945 through 15 October 1970.  He was issued multiple separation documents throughout his distinguished service, each capturing selected awards during the period covered by the form.  As a matter of clarity, all his awards, medals, and badges should be reflected on his retirement DD Form 214 as recommended below.  

BOARD VOTE:

__x______  __x______  _x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from his DD Form 214, dated 15 October 1970, the Vietnam Service Medal
* adding to his DD Form 214, dated 15 October 1970, the following awards:

* Legion of Merit
* Air Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (5th Award)
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Army of Occupation Medal with Japan Clasp
* American Campaign Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Expert Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter 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)                                         AR20120011874





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ABCMR Record of Proceedings (cont)                                         AR20120011874



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