IN THE CASE OF:	  

		BOARD DATE:  10 January 2013

		DOCKET NUMBER:  AR20120012237 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Bronze Star Medal (BSM) with "V" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, Presidential Unit Citation (Navy), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two Overseas Service Bars, his marksmanship badges and the following commemorative medals:

* Combat Service Commemorative 
* Overseas Service Commemorative
* Aerial Achievement Commemorative
* Army Commemorative
* American Defense Commemorative
* Cold War Commemorative
* Honorable Service Commemorative
* Armed Forces Expert Marksman Commemorative
* National Guard Commemorative (Kentucky National Guard)
* Republic of Vietnam Gallantry Cross Commemorative

2.  The applicant states that he volunteered for a dangerous emergency resupply and medivac mission and the aircraft commander received a Distinguished Flying Cross and he was told that he was recommended for a Silver Star that was downgraded to a BSM with "V" Device; however he never received it.  He goes on to state that he believes that he is entitled to have the awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, Presidential Unit Citation (Navy), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and commemorative medals added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a one-page letter explaining his application, a list of unit awards, and a copy of two pages of his DA Form 66 (Officer Qualification Record).

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 24 June 1968 for a period of 2 years under the warrant officer aviation program.  He completed his training and was honorably discharged on 1 June 1969 to accept an appointment as a U.S. Army Reserve (USAR) warrant officer.  His DD Form 214 issued at the time of his discharge reflects awards of the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with M-14 rifle bar.  His records show that he had "excellent" conduct and efficiency ratings throughout his first period of service and his records contain no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

3.  He was appointed as a USAR warrant officer one (WO1) on 2 June 1969 and entered active duty that date.  On 11 July 1969, was transferred to Vietnam for assignment to the 71st Aviation Company (Assault Helicopter) as a helicopter pilot.  He was promoted to chief warrant officer two (CW2) on 2 June 1970.

4.  After serving in four campaigns he departed Vietnam on 8 July 1970 and was transferred to Fort Knox, Kentucky where he remained until he was honorably released from active duty (REFRAD) on 26 February 1971.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Army "Aviation" Badge, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Air Medal, and BSM.

5.  The applicant's official records show that he was awarded the Army Commendation Medal (ARCOM) for meritorious service from 1 January to 30 April 1970 in General Orders Number 6195 issued by Headquarters, Americal Division on 15 June 1970.  There is no evidence of an award being initiated or awarded for the BSM with "V" Device.  However, the copy of the DA Form 66 provided by the applicant shows that he was awarded the AGCM in General Orders Number 22 issued by Headquarters, 194th Armored Brigade on 13 November 1970.  His DA Form 66 also shows that he qualified Expert with the rifle and pistol.

6.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, in this case the Vietnam Service Medal.  

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  There must have been no convictions by a court-martial.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award (VUA), and the Meritorious Unit Commendation (MUC) during the period he served with the unit.

9.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 
670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

11.  Army Regulation 670-1 governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  Overseas Service Bars are not entered on the DD Form 214 because it is an item of uniform wear, not an award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM and the AGCM in duly-authenticated orders and qualified for the Expert Marksmanship Qualification Badge with Rifle And Pistol Bars and is entitled to have those awards added to his DD Form 214. 

2.  The applicant served in four campaigns in Vietnam and thus is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal.

3.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the VUA, and the MUC during the period he served with the unit and he is entitled to have those awards added to his DD Form 214.  There is no evidence to show the unit was awarded the Presidential Unit Citation (Navy).

4.  While the sincerity of the applicant's claim that he was recommended for the award of the BSM with "V" Device is acknowledged, there is no evidence in the available records to support that claim and in the absence of such evidence there is no basis to grant his request to add that award to his DD Form 214.

5.  Additionally, commemorative awards are not authorized for entry on the 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:

* deleting the award of the Vietnam Service Medal from his DD Form 214 dated 26 February 1971
* adding the awards of the Vietnam Service Medal with four bronze service stars, ARCOM, AGCM, Expert Marksmanship Qualification Badge with rifle and pistol bars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the VUA, and the MUC to his DD Form 214 dated 26 February 1971
 
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 adding the awards of the BSM with "V" Device, Presidential Unit Citation (Navy), Commemorative Medals, and Overseas Service Bars to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20120012237





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ABCMR Record of Proceedings (cont)                                         AR20120012237



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