IN THE CASE OF:	  

		BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130014161 


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 all of his authorized awards, including the:

* Bronze Star Medal (BSM) with "V" Device
* Air Medal (AM)
* Meritorious Service Medal (MSM)
* Republic of Vietnam (RVN) Gallantry Cross with Silver Star
* RVN Armed Forces Honor Medal First Class
* Combat Infantryman Badge (CIB)

2.  The applicant states he recently reviewed his DD Form 214 and realized it does not list all of his awards.

3.  The applicant provides copies of his award documents and DD Forms 214.

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 was inducted into the U.S. Army on 15 June 1967.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He completed Infantry Officer Candidate School.

3.  A DD Form 214 shows he was honorably discharged on 2 June 1968 to accept a commission.

	a.  He had completed 11 months and 18 days of total active service during this period.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal (NDSM)
* Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar

4.  The applicant was appointed as a Reserve commissioned officer of the Army, in the rank of second lieutenant on 3 June 1968, and entered extended active duty.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service):  Vietnam from 29 April 1969 through 22 April 1970;

	b.  item 9 (Awards, Decorations and Campaigns) does not show the:

* BSM with "V" Device
* AM
* MSM
* RVN Gallantry Cross with Silver Star
* RVN Armed Forces Honor Medal First Class
* CIB

6.  A DD Form 214 shows the applicant was honorably released from active duty on 23 April 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).

	a.  He had completed 1 year, 10 months, and 21 days of total active service during this period that included 11 months and 24 days of foreign service.

	b.  Item 24 shows he was awarded or authorized the:

* NDSM
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal (ARCOM)
* two Overseas Service Bars

7.  The applicant continued to serve in the USAR and he attained the rank of lieutenant colonel.  He was assigned to the USAR Control Group (Retired Reserve) on 2 July 1996 and transferred to the USAR Control Group (Retired List) on 8 January 2003.

8.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded or authorized the awards under review.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, revealed copies of United States Military Assistance Command, Vietnam (MACV), General Orders (GO), pertaining to the applicant, as follows:

* GO Number 1718, dated 25 March 1970, that awarded him the BSM with "V" Device for heroism in the RVN on 4 September 1969
* GO Number 1898, dated 1 April 1970, that awarded him the ARCOM for meritorious service in the RVN from June 1969 to April 1970
* GO Number 2051, dated 14 April 1970, that awarded him the AM for meritorious achievement in the RVN from 5 May 1969 to 28 February 1970

10.  All three of the GOs show the applicant was assigned to U.S. Army (USA) Advisory Group (ADGRU), Advisory Team 1, I Corps Tactical Zone (CTZ).


11.  In support of his application the applicant provided the following documents:

   a.  Headquarters, U.S. Army Advisory Team, 51st Infantry Regiment, letter, dated 6 April 1970, that shows a recommendation for award of the BSM with "V" Device pertaining to the applicant was submitted on 8 November 1969.

   b.  United States MACV, Special Orders (SO) Number 230, dated 18 August 1969, that awarded the applicant the CIB.

   c.  RVN Armed Forces, I CTZ, Quang-Da Special Zone Headquarters, Official Orders, dated 31 March 1970, that awarded the applicant the RVN Gallantry Cross with Silver Star for participation in military operations as a member of the Staff Advisory Team, 4th Battalion, 51st Infantry Regiment.

   d.  RVN Armed Forces, I CTZ, Staff Adjutant General, Official Orders, dated
13 	April 1970, that awarded the RVN Armed Forces Honor Medal First Class to the applicant for outstanding devotion to duty while serving as Advisor to 
4th Battalion, 51st Infantry Regiment.

   e.  DA Form 4980-12 (MSM Certificate) that shows Headquarters, 
104th Division (Institutional Training), Vancouver  Barracks, WA, Permanent Order (PO) Number 115-6, dated 24 April 1996, awarded the applicant the MSM for exemplary service from 1 September 1988 to 1 June 1996.

12.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

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

	a.  Paragraph 2-13 states a bronze service star is authorized with award of the VSM for each Vietnam campaign a member is credited with participating in.

	b.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

	c.  Chapter 9 (Foreign and International Decorations and Awards to
U.S. Army Personnel) outlines the policies pertaining to the eligibility of individuals to accept or wear foreign decorations and badges tendered by foreign governments.  Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign decorations listed in Appendix E.  Table E-1 lists foreign decorations approved for acceptance and wear and shows both the RVN Gallantry Cross with Silver Star and RVN Armed Forces Honor Medal.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows Department of the Army General Orders Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, United States MACV and its subordinate units during the period 
8 February 1962 to 28 March 1973.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  The instructions for item 24 state, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the BSM with "V" Device, AM, MSM, RVN Gallantry Cross with Silver Star, RVN Armed Forces Honor Medal First Class, CIB, and any other decorations he is authorized.

2.  The evidence of record shows:

   a.  GOs awarded the applicant the BSM with "V" Device and AM;

	b.  The applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is authorized three bronze service stars for wear on his already-awarded VSM.

   c.  SOs awarded him the CIB;


   d.  he was awarded the:

* RVN Gallantry Cross with Silver Star
* RVN Armed Forces Honor Medal First Class

    	(1)  The Military Awards regulation shows both of the foreign decorations are approved for acceptance and wear.  However, there is no evidence of record that shows an authorized commander approved the acceptance, retention, and permanent wear of the foreign decorations.

    	(2)  Despite the absence of such an approval, it would be appropriate at this time to resolve any doubt in his favor and correct the applicant's records to show he was granted authority to accept, retain, and permanently wear the foreign decorations and add them to his DD Form 214.

	e.  GOs awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation.

3.  POs awarded the applicant the MSM for meritorious service from 
1 September 1988 to 1 June 1996.  This service was subsequent to the period of the DD Form 214 under review.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show this award.

4.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  deleting the "Vietnam Service Medal" from item 24 of his 23 April 1970 DD Form 214 and

	b.  adding the following awards to item 24 of his 23 April 1970 DD Form 214:

* Bronze Star Medal with "V" Device
* Air Medal
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Silver Star
* Republic of Vietnam Armed Forces Honor Medal First Class
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 award of the Meritorious Service Medal.



      ___________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)                                         AR20130014161



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ABCMR Record of Proceedings (cont)                                         AR20130014161



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