IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120012609 


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 records to show all of his awards and decorations.

2.  The applicant states he was assigned to the 4th Platoon, Company A,
1st Supply and Transportation Battalion in the Republic of Vietnam (RVN) from 17 December 1967 to 29 February 1968.  He served honorably and was not aware until just recently that his records could be reviewed for correction of anything that is missing.

3.  The applicant provides four certificates and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 (RA) on 16 October 1963 for a period of 3 years.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He was honorably discharged on 1 April 1965 to reenlist in the RA on 2 April 1965 for a period of 6 years.

4.  A review of the applicant's military personnel records failed to reveal a copy of a DD Form 214 for the period of active duty from 16 October 1963 through 1 April 1965.

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

	a.  item 31 (Foreign Service):

* Korea from 22 May 1964 through 7 Jul 1965
* Vietnam from 20 February 1967 through 16 September 1968
* Germany from 4 May 1970 through 14 November 1971

 	b.  item 38 (Record of Assignments):

* Company A, 1st Battalion, 2nd Infantry, 1st Infantry Division, from
1 through 11 March 1967
* Headquarters and Headquarters Company, 1st Battalion, 2nd Infantry, 1st Infantry Division, from 12 March through 16 December 1967
* Company A, 1st Supply and Transportation Battalion, 1st Infantry Division, from 17 December 1967 through 15 September 1968

   c.  item 39 (Campaigns):

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III

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

	e.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960) [listed twice]
* Vietnam Service Medal
* Army Commendation Medal
* three Overseas Service Bars
* Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar

6.  Headquarters, 1st Infantry Division, General Orders Number 1086, dated
11 February 1968, awarded the applicant the Army Commendation Medal for meritorious service in the RVN from February 1967 to February 1968.

7.  Headquarters, 260th Quartermaster Battalion (Petroleum Supply) (Army), Fort Lee, VA, Special Orders Number 100, dated 17 September 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

8.  Headquarters, 8th Infantry Division (Germany) orders awarded the applicant the following badges:

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16A1) Bar per Special Orders Number 132, dated 12 May 1971
* Sharpshooter Marksmanship Qualification Badge with Pistol (.45 caliber) Bar per Special Orders Number 137, dated 17 May 1971

9.  The applicant's DD Form 214 shows he entered active duty this period on
2 April 1965 and he was honorably discharged on 15 November 1971.

   a.  He completed 5 years, 11 months, and 14 days of net active service this period; 1 year, 5 months, and 16 days of other active service; 7 years and
5 months of total active service; and 3 years, 1 month, and 8 days of foreign service.

   b.  It shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal 
* Army Commendation Medal

10.  A review of the applicant's military personnel records failed to reveal any evidence of orders showing he was awarded the Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar.

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 award orders (other than the Army Commendation Medal) pertaining to the applicant.

12.  In support of his application the applicant provides the following documents:

   a.  Department of the Army, Certificate of Training, for his successful completion of the Sentry Dog Handlers Course (Number 7-64), given at the
820th Military Police Platoon (Dog), Camp Carroll, Korea;

   b.   Headquarters, 1st Supply and Transportation Battalion, 1st Infantry Division, Certificate of Achievement, in recognition of his faithful and efficient performance of duty during the period 17 December 1967 through 29 February 1968;

	c.  A certificate for serving gallantly and with distinction in the RVN with the 1st Battalion, 2nd Infantry (Ramrods), 1st Infantry Division, from February 1967 to February 1968; and

   d.  Certificate of Appreciation for the applicant's service in the Armed Forces of the United States from 2 April 1965 through 15 November 1971, signed by President Richard Nixon, Commander in Chief.

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

   a.  Company A and Headquarters and Headquarters Company, 1st Battalion, 2nd Infantry, 1st Infantry Division (from 1 March through 16 December 1967), the battalion was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Orders (DAGO) Number 21 (1969)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 53 (1970)

   b.  Company A, 1st Supply and Transportation Battalion, 1st Infantry Division (from 17 December 1967 through 15 September 1968), the battalion was awarded the:
   
* Meritorious Unit Commendation for the period 1 July 1967 to
31 December 1968 by DAGO Number 56 (1969)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by DAGO Number 21 (1969)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 50 (1973)

	c.  Paragraph 6 of the pamphlet states that not more than one Republic of Vietnam Gallantry Cross Unit Citation and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation will be worn by any individual.  Although multiple awards of these unit citations are not authorized for wear, official military and historical records will indicate all awards received.

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

	a.  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.

	b.  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.  One silver service star may be worn in lieu of 5 bronze service stars.

	c.  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 II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

   d.  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for completing item 24 state, in pertinent part, list all decorations, service medals, campaign medals, and badges awarded or authorized during the period covered, omitting authorities cited therein.

16.  Army Regulation 635-5, in effect at the time of the applicant's honorable discharge on 1 April 1965, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214 and states that a DD Form 214 will be prepared upon discharge from the RA for immediate reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his awards and decorations.

2.  Records show the applicant had two separate periods of enlistment in the RA, as follows:

* enlisted on 16 October 1963; honorably discharged on 1 April 1965
* reenlisted on 2 April 1965; honorably discharged on 15 November 1971

3.  The evidence of record shows:

   a.  the applicant qualified for award of the:

* Korea Defense Service Medal for his active duty service in support of the defense of the Republic of Korea
* Vietnam Service Medal and he served in five campaigns during his service in Vietnam  (Thus, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal.)
* Republic of Vietnam Campaign Medal with Device (1960) for his service in direct combat support to the RVN and Armed Forces

   b.  special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and M-16A1) and Pistol (.45 caliber) Bars;
   
   c.  general orders awarded the applicant's unit the Meritorious Unit Commendation; and

   d.  general orders awarded the applicant's two units the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Thus, the applicant is entitled to correction of his records to show two awards of each of these two foreign unit awards.

4.  There are no orders that show the applicant was awarded the Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar.  Thus, there is insufficient evidence to correct of his records to show this badge.

5.  In view of the foregoing, it would be appropriate to correct the applicant's records, 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:

   a.  issuing an appropriate document showing he had honorable active duty service from 16 October 1963 through 1 April 1965;

   b.  deleting from item 24 of his 15 November 1971 DD Form 214 the "Vietnam Service Medal"; and
   
	c.  adding to item 24 of his 15 November 1971 DD Form 214 the:

* Vietnam Service Medal with 1 silver service star
* Korea Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and M-16A1) and Pistol (.45 caliber) Bars




      _______ _   __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)                                         AR20120012609



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120012609



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1