IN THE CASE OF:	  

		BOARD DATE:	   5 June 2014

		DOCKET NUMBER:  AR20130017700 


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) for the period ending 11 February 1972 to show award of the:

* Army Good Conduct Medal
* Air Medal with Numeral "5" and with "V" Device 
* Purple Heart
* Bronze Star Medal

2.  The applicant states the awards may have been inadvertently overlooked due to the high volume of record keeping due to the reduction in force at the time.

3.  The applicant provides:

* 2 DD Forms 214
* General Orders Number 253
* 4 Air Medal Citations
* General Orders Number 6734
* General Orders Number 8534
* General Orders Number 9168
* General Orders Number 11159
* General Orders Number 1082
* General Orders Number 5476
* Bronze Star Medal Citation
* General Orders Number 1059
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 19 January 1970.  

3.  His record contains a DA Form 66 (Officer Qualification Record) that shows he qualified on 19 May 1970 for award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.38 Caliber). 

4.  On 24 January 1971, he was honorably discharged to accept an appointment as a warrant officer.  The DD Form 214 he was issued at the time shows award of the:

* Army Good Conduct Medal
* National Defense Service Medal

5.  The applicant was appointed as a warrant officer in the U.S. Army Reserve (USAR) and he entered active duty on 25 January 1971, performing duties as a rotary wing pilot.  He was stationed in the Republic of Vietnam from 23 April 1971 through 9 February 1972, serving with:

* Troop B, 2nd Squadron, 17th Cavalry Regiment, 101st Airborne Division
* Headquarters and Headquarters Company, 101st Aviation Battalion,  101st Airborne Division (Air Mobile)
* Company C, 158th Aviation Battalion, 101st Airborne Division (Ambulance)
* Troop A, 2nd Squadron, 17th Cavalry Regiment, 101st Airborne Division (Ambulance)

6.  The applicant provides and his records contain:

   a.  General Orders Number 6734, issued by Headquarters, 101st Airborne Division (Airmobile), dated 18 June 1971, which show he was awarded the Air Medal for the period 9 May through 16 May 1971.

   b.  General Orders Number 5476, issued by Headquarters, 101st Airborne Division (Airmobile), dated 3 July 1971, which show he was awarded the Purple Heart.
   
   c.  General Orders Number 8534, issued by Headquarters, 101st Airborne Division (Airmobile), dated 15 August 1971, which show he was awarded the Air Medal with "V" Device (2nd Award), for the period 1 July 1971.
   
   d.  General Orders Number 9168, issued by Headquarters, 101st Airborne Division (Airmobile), dated 5 September 1971, which show he was awarded the Air Medal for the period 2 August through 23 August 1971.
   
   e.  General Orders Number 11159, issued by Headquarters, 101st Airborne Division (Airmobile), dated 23 November 1971, which show he was awarded the Air Medal (2nd through 3rd Award).  There are no dates of service listed on the order; however, an accompanying certificate awards the medal for the period August through November 1971.
   
   f.  General Orders Number 1082, issued by Headquarters, 101st Airborne Division (Airmobile), dated 4 February 1972, which show he was awarded the Air Medal for service from 28 October 1971 to 18 January 1972.
   
   g.  General Orders Number 1059, issued by Headquarters, 101st Airborne Division (Airmobile), dated 4 February 1972, which show he was awarded the Bronze Star Medal.
   
7.  On 11 February 1972, he was honorably released from active duty and transferred to the USAR Control Group (Annual Training).  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal   
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal with "V" Device
* Army Aviator Badge

8.  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 that 2nd Squadron, 17th Cavalry Regiment, a unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through  9 October 1971 by Department of the Army General Order (DAGO) Number 6, dated 1974.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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 is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:  

* Vietnam Counteroffensive, Phase VII
* Consolidation I
* Consolidation II

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant qualified on 19 May 1970 for award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.38 Caliber).  Therefore, he is entitled to correction of his DD Form 214 for the period ending 24 January 1971 to show award of these badges.

2.  General orders awarded him the Air Medal with Numeral "5" and with "V" Device, Purple Heart, the Bronze Star Medal, and the Army Good Conduct Medal.  Therefore, his DD Form 214 for the period ending 11 February 1972 should be corrected to show these awards.

3.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 for the period ending 11 February 1972 should be corrected to show this citation.

4.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 11 February 1972, to show these service stars.


BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

   a.  adding the following awards to his DD Form 214 for the period ending     24 January 1971:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar       (.38 Caliber)

   b.  deleting the Vietnam Service Medal and Air Medal with "V" Device from his DD Form 214 for the period ending 11 February 1972; and

   c.  adding the following awards to his DD Form 214 for the period ending       11 February 1972:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar       (.38 Caliber)
* Army Good Conduct Medal
* Air Medal with Numeral "5" and with "V" Device
* Purple Heart








* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with three bronze service stars



      _______ _   _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)                                         AR20130017700





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ABCMR Record of Proceedings (cont)                                         AR20130017700



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