IN THE CASE OF:	

		BOARD DATE:	  15 July 2014

		DOCKET NUMBER:  AR20130017819 


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 award of the Bronze Star Medal, Army Commendation Medal, Pershing Professional "Pocket Rocket" Award and Medal, Army Good Conduct Medal, and all other awards and decorations to which he may also be entitled.

2.  The applicant states he needs his records corrected to verify his entitlement to veterans' tags and to comply with the Stolen Valor Act.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), orders for the Bronze Star Medal and Army Commendation Medal, and a 56th Artillery Group Pershing Professional Badge Certificate.

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 Army of the United States on 5 September 1969, completed training, and was awarded military occupational specialty 05B (Radio Operator).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following information:

* advancement to sergeant (E-5)
* conduct and efficiency ratings of exclusively "excellent"
* credit for one Vietnam campaign
* service in Vietnam with Headquarters and Headquarters Company, 1st Battalion, 11th Infantry Regiment, 5th Infantry Division, from 26 December 1970 through 2 August 1971
* his authorized awards are the National Defense Service Medal, Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  The applicant's records contain no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was not considered eligible for award of the Army Good Conduct Medal.

5.  The applicant was honorably released from active duty on 6 August 1971 with 1 year, 11 months, and 2 days of creditable service and no lost time.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant provided copies of:

* a 56th Artillery Group Pershing Professional Badge Award Certificate, dated 16 October 1970
* 5th Infantry Division General Orders Number 1351, dated 25 June 1971, awarding him the Army Commendation Medal
* 5th Infantry Division General Orders Number 1137, dated 10 July 1971, awarding him the Bronze Star Medal

7.  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, failed to reveal any orders for any awards pertaining to the applicant.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, 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.

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

	a.  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.

	b.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B.  Authorized service stars will be worn on the appropriate campaign or service medal.  Appendix B shows participation credit was awarded for the following two pertinent campaigns:  Counteroffensive Phase VII (1 July 1970-30 June 1971) and Consolidation I (1 July 1971-30 November 1971).

	c.  Permanent awards of badges, except basic marksmanship qualification badges, identification badges, and the Physical Fitness Badge, are announced in permanent orders by commanders authorized to make the award or Headquarters, Department of the Army, permanent orders.

	d.  The regulation does not include any reference to the 56th Artillery Group Pershing Professional Badge as an authorized award.

10.  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 during the period the applicant was assigned to the 1st Battalion, 11th Infantry Regiment, 1st Infantry Brigade, 5th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  The 56th Artillery Group Pershing Professional Badge (commonly called the "Pocket Rocket") was a local individual award created by the 56th Artillery Group to recognize proficiency on the Pershing nuclear missile system.  It was awarded by the 56th Artillery Group from December 1968 through 1979 to Soldier's who met the proficiency standards.  Originally awarded only as bronze, the silver and gold versions of the badge were later developed.  Cloth versions of the badge were also available.  After June 1971, the badge changed to reflect the new shoulder sleeve insignia.  In 1978, the Army began to rescind authorization for local uniforms and awards and the badge was withdrawn in 1979.  Remaining badges were generally given as gifts to departing members.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states that all awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Abbreviations are not to be used.  The regulation, as in effect at the time, does not address locally authorized awards, decorations, or badges

DISCUSSION AND CONCLUSIONS:

1.  The 56th Artillery Group Pershing Professional Badge was a local individual award created for wear by qualified members of the 56th Artillery Group.  While the authority for issuance and wear of this badge was as a local item and was withdrawn in 1979, at the time of the applicant's separation it was an official award.  Therefore, it should have been included on the DD Form 214.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his ratings, personal decorations, and advancement to pay grade E-5.  His records contain no indication of any disqualifying incidents or recommendations.  It would be appropriate to award him the Army Good Conduct Medal for his period of service from 5 September 1969 through 6 August 1971.

3.  The applicant's awards of the Bronze Star Medal and Army Commendation Medal were omitted from his records and his DD Form 214.

4.  The applicant is also authorized award of the Republic of Vietnam Campaign Medal with Device (1960) and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant served in Vietnam during two campaigns and is authorized two bronze service stars with his Vietnam Service Medal.

6.  Based on the above facts and findings, it would be appropriate to correct the applicant's DD Form 214 to include the Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 56th Artillery Group Pershing Professional Badge.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding the applicant the Army Good Conduct Medal for his period of service from 5 September 1969 through 6 August 1971,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214, and

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

* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 56th Artillery Group Pershing Professional 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)                                         AR20130017819



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ABCMR Record of Proceedings (cont)                                         AR20130017819



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