IN THE CASE OF

		BOARD DATE:	    15 July 2014

		DOCKET NUMBER:  AR20130020271 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of:

* Bronze Star Medal with "V" Device (BSM w/V)
* Air Medal with Oak Leaf Cluster (AM w/OLC)
* Army Commendation Medal with "V" Device (ARCOM w/V)
* Presidential Unit Citation (PUC)
* Air Assault Badge

2.  The applicant states these medals and badge were not entered on his DD Form 214.  He wants to receive proper recognition for the service he rendered to his country and unit.

3.  The applicant provides copies of:

* Special Orders Number 128, 1st Cavalry Division, dated 6 November 1965
* Extract of General Orders Number 40, Headquarters, Department of the Army, dated 21 January 1967
* Letter from a colonel, U.S. Army, Retired, dated 1 November 2013

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 28 June 1963, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 168, Fort Gordon, GA, dated 18 October 1963, announced the applicant's award of the Expert Marksmanship Qualification Badge with Machinegun Bar.

4.  On 21 January 1964, the applicant completed the Basic Airborne Course.  He was subsequently assigned as a scout observer with Company D, 1st Battalion (Airborne), 12th Cavalry Regiment, 1st Cavalry Division (Air Mobile).  On 1 July 1965, he went with his unit to the Republic of Vietnam (RVN).

5.  On 20 June 1966, the applicant departed the RVN and returned to the United States.

6.  On 5 August 1966, the applicant was released from active duty due to expiration of his term of service (ETS).  His DD Form 214 shows his awards as:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Combat Infantryman Badge
* Vietnam Service Medal
* National Defense Service Medal

7.  A review of the applicant's military records and the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the BSM, AM, or ARCOM.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.



8.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent”.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show the commander took action to deny him the Army Good Conduct Medal.

9.  On 27 July 1988, the Chief, Military Awards Branch, U.S. Total Army Personnel Agency, wrote a letter to the applicant concerning award of the Air Assault Badge.  He was informed that Army regulations authorized award of the Air Assault Badge to any individual who has satisfactorily completed the standard Air Assault course while assigned to the 101st Airborne Division on or after 
1 April 1974.  Because the applicant was separated prior to that date, he was not eligible to receive this badge.  The letter further stated the badge was awarded by the 11th Airborne Division in the 1960's and it was a locally-approved badge which is no longer available for issue.

10.  In a letter of support provided by the applicant, his former commander states that the applicant had served with distinction and is authorized to wear, at appropriate occasions, as a minimum the awards listed in the applicant's request.  The author does not indicate whether these medals and badge were ever announced in orders.  He requests and directs correction to the applicant’s record to reflect these awards.

11.  Army Regulation 600-8-22 (Military Awards):

	a.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  



	c.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Defense and the Vietnam Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	e.  The Vietnam Campaign Medal with 1960 Device 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.  

	f.  The Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 12th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 40, dated in 1967 for award of the PUC; and DAGO Number 56, dated in 1969 for award of  the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, correction of his DD Form 214 to show award of:

* BSM w/V
* AM w/OLC
* ARCOM w/V
* PUC
* Air Assault Badge

2.  There are no available general orders showing the applicant was awarded the BSM, AM, or ARCOM.  The letter of support provided by the applicant is not sufficient evidence by itself to correct his records because the author does not state nor does he provide orders announcing the applicant was awarded the medals.  He only concludes by stating the applicant's service was with distinction.  Accordingly, without orders announcing the awards, the medals are not authorized and should not be shown on his DD Form 214.

3.  The applicant’s unit was cited in general orders for award of the PUC.  Therefore, his records should be corrected to show this unit award.

4.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

5.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with 1960 Device.  Therefore, his records should be corrected to show this award.

7.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

8.  Special orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.  Therefore, his records should be corrected to show this badge.
9.  The evidence of record clearly shows that the applicant was separated from active duty prior to the establishment of the current Air Assault Badge.  Therefore, he is not authorized this badge.  Furthermore, the badge issued in the 1960's for similar training was a local badge that is no longer available and is not authorized for entry on the DD Form 214.  Accordingly, this portion of the applicant's request should be denied.

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 for the period 28 June 1963 to 27 June 1966;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  showing, in addition to the awards already shown on his DD Form 214, the:

* Army Good Conduct Medal
* Presidential Unit Citation
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device
* Expert Marksmanship Qualification Badge with Machinegun 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 award of the BSM w/V, 
AM w/OLC, ARCOM w/V, and 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)                                         AR20130020271



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020271



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1