IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120021146 


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:

* two awards of the Purple Heart
* the Army Good Conduct Medal (AGCM)
* an oak leaf cluster 
* Republic of Vietnam (RVN) Armed Forces Honor Medal Second Class
* Air Assault Badge

2.  He states he received two Purple Hearts for wounds he received in August and September 1969.  The awards were not added to his DD Form 214.  He states he desires acknowledgment of the Purple Heart for historical family records, for his grandchildren, and to change his category with the Department of Veterans Affairs.  

3.  He provides:

* DD Form 214
* page from his DA Form 20 (Enlisted Qualification Record)
* two photographs
* memorandum, subject:  Authorization for Individual Foreign Award, dated 9 June 1970



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.  On 4 January 1968, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman), and he was later awarded primary MOS 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows in:

* item 38 (Record of Assignments), he was assigned to duty in Vietnam with Company B, 1st Battalion, 5th Cavalry, 1st Air Cavalry Division, from 23 November 1968 to 19 October 1969
* item 38, he received all "excellent" conduct and efficiency ratings
* item 40 (Wounds), he received a fragment wound to his back on 27 August 1969 and a fragment wound to his neck and chest on 2 September 1969

4.  Item 41 (Awards and Decorations) of his DA Form 20 shows, in part, he was awarded a "1st [oak leaf cluster]" on 5 September 1969 by "GO#96490" issued by the 1st Cavalry Division (Airmobile).  The entry does not specify on which decoration the oak leaf cluster was to be worn.  (“96490” was the Army Post Office address of the 1st Air Cavalry Division.)

5.  Review of the Vietnam casualty roster confirms he was wounded by hostile action on the dates shown in item 41 of his DA Form 20.

6.  Item 41 of his DA Form 20 also shows special orders awarded him the following marksmanship badges:

* Marksman Marksmanship Qualification Badge (.45 caliber pistol)
* Expert Marksmanship Qualification Badge (M-16 automatic rifle and 81 mm mortar)
* Sharpshooter Marksmanship Qualification Badge (M-14 rifle)

7.  Headquarters, 1st Cavalry Division (Airmobile), issued the following orders pertaining to the applicant:

	a.  General Orders (GO) Number 4882, dated 21 April 1969, awarded him the Bronze Star Medal (BSM) with "V" Device for his heroism on 21 February 1969; 

	b.   GO 10845, dated 5 September 1969, awarded him an oak leaf cluster for wear with the Purple Heart for wounds he received on 2 September 1969; and

	c.  GO 12328, dated 10 October 1969, awarded him the BSM (1st Oak Leaf Cluster) for his meritorious service from December 1968 to September 1969. 

8.  On 20 October 1969, he was honorably released from active duty in the rank/grade of staff sergeant (SSG)/E-6 after completing 1 year, 9 months, and 18 days of total active service.  

9.  His DD Form 214 shows he was awarded or authorized:

* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Bronze Star Medal
* one Overseas Service Bar
* Silver Star
* Air Medal

10.  His record is void of documentation showing he completed an air assault training course.

11.  He provides a memorandum, subject:  Authorization for Individual Foreign Award, dated 8 June 1970, from Headquarters, U.S. Army Vietnam.  The memorandum authorized him to accept and wear the Armed Forces Honor Medal Second Class presented to him by the RVN.

12.  His record is void of documentation showing he was the subject of disciplinary action during his service.  

13.  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 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.

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

	a.  Individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Table E-1 lists foreign decorations authorized for acceptance and wear.  The list includes the RVN Armed Forces Honor Medal.

	b.  Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command (TRADOC) standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

	c.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Purple Heart and Bronze Star Medal.  

15.  A review of his records indicates he is entitled to additional decorations not shown on his DD Form 214.

16.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with three campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

17.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

18.  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, 5th Cavalry, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969, by Department of the Army GO (DAGO) Number 59, dated 1969; 
* RVN Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970, by DAGO 42, dated 1972, as amended by DAGO 11, dated 1973; and
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970, by DAGO 42, dated 1972.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record is void of documentation showing he completed an air assault training course according to the TRADOC standardized Air Assault Core Program of Instruction or that he completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 
1 April 1974.  In the absence of such documentation, there is no basis for awarding him the Air Assault Badge or for correcting his record to show he is authorized this badge.  

2.  His record shows he was wounded twice as a result of hostile action during his service in Vietnam, and GO awarded him an oak leaf cluster for wear with his Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart (2nd Award).

3.  His conduct and efficiency ratings were "excellent," he was promoted to SSG/E-6, and there is no record of disciplinary action taken against him.  In light of his overall record of service, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Federal service from 4 January 1968 to 20 October 1969 and to correct his DD Form 214 to show this award.

4.  On 8 June 1970, a proper authority authorized him to accept and wear the RVN Armed Forces Honor Medal Second Class.  It would be appropriate to add this foreign decoration to his DD Form 214.  

5.  GO awarded him the BSM with "V" Device and the BSM (First Oak Leaf Cluster).  He is entitled to correction of his DD Form 214 to show he was awarded the BSM (2nd Award) with "V" Device.   

6.  He was awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-awarded VSM.

7.  He was awarded the Marksman Marksmanship Qualification Badge (.45 caliber pistol), Expert Marksmanship Qualification Badge (M-16 automatic rifle and 81 mm mortar), and Sharpshooter Marksmanship Qualification Badge (M-14 rifle).  He is entitled to correction of his DD Form 214 to show these badges.  

8.  The applicant served a qualifying period of service for award of two Overseas Service Bars; therefore, he is entitled to correction of his DD Form 214 to show two Overseas Service Bars.

9.  He served in a unit during a period for which it was cited twice for award of the RVN Gallantry Cross with Palm Unit Citation and once for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  He is entitled to correction of his DD Form 214 to show these unit awards.   

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.  awarding him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Federal service from 4 January 1968 to 20 October 1969; 

	b.  deleting the BSM, VSM, and overseas service bar from his DD Form 214; and

	c.  adding the following awards to his DD Form 214 – 

* BSM (2nd Award) with "V" Device
* Purple Heart (2nd Award)
* AGCM (1st Award)
* VSM with three bronze service stars
* Expert Marksmanship Qualification Badge with automatic rifle and mortar bars (M-16 automatic rifle and 81 mm mortar)
* Sharpshooter Marksmanship Qualification Badge with rifle bar (M-14 rifle)
* Marksman Marksmanship Qualification Badge with pistol bar (.45 caliber pistol)
* two Overseas Service Bars
* RVN Armed Forces Honor Medal Second Class
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class 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 Air Assault Badge.  



      _______ _   __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)                                         AR20120021146





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ABCMR Record of Proceedings (cont)                                         AR20120021146



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