IN THE CASE OF:	  

		BOARD DATE:  3 December 2013

		DOCKET NUMBER:  AR20130006442 


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, his DD Form 214 (Report of Separation from Active Duty) with an effective date of 31 October 1974 be corrected to include all of his awards.

2.  The applicant states all of his Army Commendation Medals and Bronze Star Medals are not shown.  He also indicates a Meritorious Unit Commendation (Army) and the Expert Infantryman Badge are missing.  He also states he should have the Presidential Unit Citation (Army).

3.  The applicant provides:

* his DD Form 214
* U.S. Army Vietnam General Orders Number 2337, dated 24 May 1967 

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.  His military service records show the following periods of previous service:

* 20 February 1950 - 7 April 1953 - Regular Army
* 22 March 1955 - 3 July 1958 - Regular Army
* 11 August 1958 - 3 June 1961 - Regular Army

3.  His DD Form 214 with an effective date of 7 April 1953 shows he was awarded the Glider Badge.

4.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) for the period 11 August 1958 to 3 June 1961 shows he was awarded the:

* Expert Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

5.  He enlisted on 5 June 1961 in the Regular Army and served continuously until his retirement.

6.  During his first tour in the Republic of Vietnam he was assigned to the:

* 2nd Battalion, 327th Infantry, 1st Brigade, 101st Airborne Division from 
25 January 1966 - 4 February 1966
* Medical Holding Company, 106th General Hospital from 5 February 1966 - 18 March 1966
* 2nd Battalion, 327th Infantry, 1st Brigade, 101st Airborne Division from 
19 March 1966 - 10 December 1966

7.  Headquarters, U.S. Army Vietnam General Orders Number 3614, dated 
10 June 1966, awarded him the Army Commendation Medal for meritorious service from July 1965 to June 1966.

8.  Headquarters, 1st Brigade, 101st Airborne Division issued General Orders Number:

* 1177, dated 15 November 1966, awarding him the Army Commendation Medal for meritorious service from 24 December 1965 to 15 November 1966
* 1320, dated 7 December 1966, awarding him the Army Commendation Medal with "V" device, First Oak Leaf Cluster (sic) for heroism on 
16 September 1966 in the Republic of Vietnam

9.  Headquarters, II Field Force Vietnam General Orders Number 263, dated 
27 March 1968, awarded him the Bronze Star Medal with "V" device for heroism on 10 January 1968 in the Republic of Vietnam.

10.  During his second tour in the Republic of Vietnam he was assigned to:

* Headquarters and Headquarters Company (HHC), 101st Aviation Group from 9 - 15 November 1969
* HHC, 1st Battalion, 506th Infantry from 16 November 1969 - 19 December 1969
* Company L (Rangers), 75th Infantry from 20 December 1969 - 
16 February 1970
* 2nd Battalion, 502nd Infantry from 17 February 1970 - 16 October 1970

11.  Headquarters, 101st Airborne Division (Airmobile) issued General Orders Number:

* 4161, dated 13 April 1970, awarding him the Army Commendation Medal for meritorious achievement from 1 November 1969 - 31 March 1970
* 8870, dated 8 August 1970, awarding him the Army Commendation Medal with "V" device for heroism on 29 April 1970 in the Republic of Vietnam
* 10280, dated 1 September 1970, awarding him the Bronze Star Medal for meritorious service from 1 November 1969 to 31 August 1970 in the Republic of Vietnam

12.  Headquarters, 82nd Airborne Division General Orders Number 305, dated 
9 May 1973, awarded him the Army Commendation Medal with Fifth Oak Leaf Cluster for meritorious achievement from 12 March 1973 to 16 March 1973.

13.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) indicates he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

14.  On 31 October 1974, he was retired and placed on the Retired List the following day.  He had completed a total of 22 years, 3 months, and 25 days of active service.  His DD Form 214 shows he was awarded the:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* National Defense Service Medal with 1st Oak Leaf Cluster
* Combat Infantryman Badge
* Master Parachutist Badge
* Army of Occupation Medal
* Bronze Star Medal with "V" device
* Purple Heart (4 awards)
* Army Commendation Medal (1st - 5th Awards)
* Army Commendation Medal with "V" device
* Army Good Conduct Medal (3 awards)
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Air Medal
* Silver Star
* Valorous Unit Award (2 awards)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.   None of the units to which the applicant was assigned are shown to have been awarded the Presidential Unit Citation (Army).

	a.  While he was assigned to the 2nd Battalion, 327th Infantry the unit received the:

* Valorous Unit Award - 17 January - 25 March 1966
* Meritorious Unit Commendation (Army) - 29 July 1965 - 1 October 	1966
* Republic of Vietnam Gallantry Cross with Palm Unit Citation -  
	1 - 	31 July 1966

	b.  While he was assigned to 1st Battalion, 506th Infantry the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 3 October 1968 - 2 May 1970.

	c.  While he was assigned to Company L (Rangers), 75th Infantry the unit was awarded the:

* Valorous Unit Award - 7 December 1969 - 16 February 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 
	2 December 1969 - 8 January 1971

	d.  While he was assigned to the 2nd Battalion, 502nd Infantry the unit was awarded two Valorous Unit Awards for the periods from 25 April - 25 May 1970 and 13 - 30 August 1970.

	e.  Department of the Army Pamphlet 672-3 states, in pertinent part, that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

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

	a.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in the:

* Vietnam Counteroffensive Campaign (25 December 1965 - 30 June 	1966)
* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 	1967)
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 	1970)
* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 	1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 	1971)

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  A silver service star is worn instead of five bronze service stars.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

17.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  It stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Orders in his Army Military Human Resource Record (AMHRR) indicate he was awarded two Bronze Star Medals, one of which was for heroism.  Therefore, his DD Form 214 with an effective date of 31 October 1974 should be amended to show he was awarded the Bronze Star Medal (2 awards, 1 with "V" device).

2.  Orders in his AMHRR indicate he was awarded six Army Commendation Medals, two of which were for heroism.  Therefore, his DD Form 214 with an effective date of 31 October 1974 should be amended to show he was awarded the Army Commendation Medal (6 awards, 2 with "V" device).

3.  A previous DD Form 214 showed he was awarded the Glider Badge.  Therefore, this award should also be shown on his DD Form 214 with an effective date of 31 October 1974.

4.  He was assigned to units during four periods for which they were awarded the Valorous Unit Award.  Therefore, his DD Form 214 with an effective date of 
31 October 1974 should show he is authorized the Valorous Unit Award 
(4 Awards).

5.  During his assignment to the 327th Infantry the unit was awarded the Meritorious Unit Commendation (Army).  Therefore, this award should be added to his DD Form 214 with an effective date of 31 October 1974.

6.  During his two tours of duty in the Republic of Vietnam he participated in a total of five campaigns.  Therefore, he is authorized one silver service star to be worn on his Vietnam Service Medal.

7.  During his assignments to the 327th Infantry and the 75th Infantry both units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for different periods.  Therefore, his DD Form 214 with an effective date of 
31 October 1974 should reflect that he is authorized two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  During his assignment to the 506th Infantry the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, this award should be added to his DD Form 214 with an effective date of 31 October 1974.

9.  His AMHRR shows he was awarded the Expert Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Therefore, these awards should be added to his DD Form 214 with an effective date of 31 October 1974.

10.  There is no evidence the units he was assigned to were awarded the Presidential Unit Citation (Army) during the period he was assigned.

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 amending his DD Form 214 with an effective date of 31 October 1974 as follows:

	a.  delete the:

* Bronze Star Medal with "V" device
* Army Commendation Medal (1st - 5th Awards)
* Army Commendation Medal with “V” device
* Valorous Unit Award (2 Awards)
* Vietnam Service Medal

	b.  add the:

* Bronze Star Medal (2 Awards, 1 with "V" device)
* Army Commendation Medal (6 Awards, 2 with "V" device)
* Valorous Unit Award (4 Awards)
* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with 1 silver service star
* Glider Badge
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
	(2 	Awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

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 Presidential Unit Citation (Army).  




      _______ _  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)                                         AR20130006442



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ABCMR Record of Proceedings (cont)                                         AR20130006442



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