BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130021288 


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 retirement DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his awards and decorations as specified below. 

2.  The applicant states he recently requested a copy of his service record and noticed that he was awarded some medals and unit citations in Vietnam that are not on his DD Form 214.  He would like them annotated on his official records and entered on his DD Form 214.  He specifically states: 

	a.  His DD Form 214, dated 18 June 1967, shows the National Defense Service Medal with oak leaf cluster (OLC), Vietnam Service Medal, Vietnam Campaign Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-1), (M-14), and (M-16). 

	b.  His DD Form 214, dated 18 September 1970, shows the Army Commendation Medal, Army Good Conduct Medal (5th Award), and Bronze Star Medal (1st OLC).  He was issued orders awarding him the Army Good Conduct Medal (6th Award). 

	c.  He was issued orders awarding him the Combat Infantryman Badge and Air Medal, and he was issued a memorandum indicating Vietnamese unit awards.  Additionally, a unit citation, dated 10 August 1970, indicates the Vietnamese Civil Action Medal First Class Unit Citation. 

	d.  His DA Form 20 (Enlisted Qualification Record) shows:
* completed the Recruiter Career Counselor Course 
* spent 6 overseas service tours and may be entitled to 5 Overseas Service Ribbons 
* served in Korea for 13 months and should be entitled to the Korean Service Medal and/or Korea Defense Service Medal 
* he was assigned as a Drill Sergeant and should be entitled to the Drill Sergeant Identification Badge 
* in item 41 (Awards and Decorations) the:

* Army of Occupation Medal (Berlin)
* Expert Infantryman Badge (1957)
* National Defense Service Medal with OLC
* Vietnam Service Medal
* Vietnam Campaign Medal with 60 Device
* 14 overseas service bars
* Air Medal; he was also awarded a second award of the Air Medal but can't find the citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar     (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and (M-16)
* Bronze Star Medal with OLC
* Vietnam Civil Action Medal
* Army Good Conduct Medal (6th Award)

3.  The applicant provides:

* DD Form 214, ending on 30 November 1971, 18 September 1970, 
18 June 1967, and 18 June 1961
* General Orders (GO) Number 15, dated 19 January 1971
* Special Orders (SO) Number 166, dated 15 June 1967
* GO Number 7288, dated 12 December 1967
* Memorandum for Record: Vietnamese Unit Award
* Unit Citation for Members of the 25th Infantry Division
* GO Number 3301, dated 31 March 1971
* Citation for award of the Army Commendation Medal
* Citation for the Bronze Star Medal
* Certificate of completion of the Army Recruiting and Career Counseling Course
* Letter Orders 5-168, Temporary Duty
* DA Form 20

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 is a retired Regular Army (RA) first sergeant (1SG)/E-8 who served through multiple enlistments/reenlistments, including Army National Guard (ARNG) enlistments, between 7 February 1950 and 30 November 1971.  

3.  He enlisted in the RA on 7 February 1950 and he held an infantry military occupational specialty (MOS).  He was honorably discharged on 25 March 1953. His DD Form 214 for this period of service does not show any awards or decorations.  

4.  He enlisted in the ARNG on 2 August 1954 and subsequently served in Alaska from 12 March 1955 to 19 August 1956.  He was credited with an overseas tour.  

5.  While in Alaska, he enlisted in the RA on 14 September 1955.  He held MOS 111.60 (Light Weapons Infantryman).  He then served in Korea from 17 January 1959 to 6 February 1960 and he was credited with an overseas service tour.  

6.  He was honorably discharged on 18 June 1961.  His DD Form 214 for this period of service shows he was awarded or authorized the: 

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Infantryman Badge
* Expert (Trainfire I)
* Good Conduct Medal (2nd Award)

7.  He reenlisted in the RA on 19 June 1961.  His DA Form 20 shows he served in:

* Germany, 18 January 1962 to 10 July 1962; he was not credited with an overseas service tour
* Germany, 13 April 1964 to 2 May 1966, he was credited with an overseas service tour
* Vietnam, 1 December 1966 to 19 November 1967; he was credited with an overseas service tour; he was assigned to Company C, 2nd Battalion, 60th Infantry (30 November 1966 to 21 July 1967) and Headquarters and Headquarters Company, 3rd Brigade, 9th Infantry Division (22 July 1967 to 19 November 1967) 

8.  He was honorably discharged on 18 June 1967.  His DD Form 214 shows he was awarded or authorized the:

* Good Conduct Medal (Bronze Clasp with three loops)
* National Defense Service Medal (1st OLC)
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 

9.  He reenlisted in the RA on 19 June 1967.  His DA Form 20 shows he served in Vietnam from 7 October 1969 to 6 October 1970 and he was credited with an overseas service tour.  He was assigned to:

* Company E, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division, from 17 October 1969 to 22 May 1970
* 25th Administrative Company, from 23 May 1970 to 6 October 1970 

10.  He was honorably discharged on 18 September 1970.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* Good Conduct Medal (5th Award)
* Bronze Star Medal (1st OLC)

11.  He reenlisted in the RA on 19 September 1970.  He retired on 30 November 1971.  His retirement DD Form 214 does not show any awards or decorations. 

12.  His records contain and/or he provides: 

	a.  Classifications Orders Number 12, issued by Headquarters, Fort McNair, Washington, DC, on 30 August 1951, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (.30 Caliber). 

	b.  SO Number 178, issued by Headquarters, Fort McNair, Washington, DC, on 30 August 1951, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber). 

	c.  SO Number 203, issued by Headquarters, 9th Infantry Division, Fort Riley, KS, on 15 October 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  

	d.  SO Number 166, issued by Headquarters, 9th Infantry Division, Vietnam, on 15 June 1967, awarded him the Combat Infantryman Badge. 

	e.  GO Number 5942, issued by Headquarters, 9th Infantry Division, Vietnam, on 31 October 1967, awarded him the Army Commendation Medal for meritorious service from June 1966 to October 1967. 

	f.  GO Number 7288, issued by Headquarters, 9th Infantry Division, Vietnam, on 12 December 1967, awarded him the Air Medal for meritorious achievement from 27 February 1967 to 19 August 1967. 

	g.  GO Number 54, issued by Headquarters, U.S. Army Training Center, Fort Knox, KY, on 14 February 1968, awarded him the Army Good Conduct Medal (5th Award). 

	h.  SO Number 168, issued by Headquarters, U.S. Army Training Center, Fort Knox, KY, on 17 June 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

	i.  GO Number 3301, issued by Headquarters, 25th Infantry Division, Vietnam, on 31 March 1970, awarded him the Bronze Star Medal for meritorious achievement from February 1970 to March 1970. 

	k.  GO Number 8960, issued by Headquarters, 25th Infantry Division, Vietnam, on 18 August 1970, awarded him the Bronze Star Medal (1st OLC) for meritorious service from October 1969 to October 1970. 

	l.  GO Number 15, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA, on 19 January 1971, awarded him the Army Good Conduct Medal (6th Award). 

13.  Item 41 of his DA Form 20 shows he was awarded or authorized the: 

* Army of Occupation Medal (Berlin)
* Expert Infantryman Badge
* Good Conduct Medal (6th Award)
* National Defense Service Medal (1st OLC)
* Vietnam Service Medal
* Vietnam Campaign Medal
* 4 overseas service bars
* Combat Infantryman Badge
* Army Commendation Medal
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Bronze Star Medal (1st OLC)
* [Republic of Vietnam] Civilian Action Medal

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

	a.  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.  A silver service star denotes five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967
* Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968
* Vietnam Summer-Fall 1969, 9 June 1969 to 31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969—30 April 1970.
* DA Sanctuary Counteroffensive, 1 May 1970 to 30 June 1970
* Vietnam Counteroffensive, Phase VII, 1 July 1970—30 June 1971

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of the U.S. Army for successful completion of overseas tours.  Effective 1 August 1981, all members of the Active Army, Army National Guard and Army Reserve in an active Reserve status are eligible for this award.  The ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 
1 August 1981 provided they had an Active Army status as defined above on or after 1 August 1981.  

	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  The Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954 under any of the following conditions:  within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander-in-Chief, Far East (CINCFE), other than one within the territorial limits of Korea which has been designated by the CINCFE as having directly supported the military efforts in Korea; or was furnished an individual certificate by the CINCFE testifying to material contribution made in direct support of the military efforts in Korea.  The service prescribed must have been performed while on permanent assignment or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or in active combat against the enemy under conditions other than the first two conditions provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, air group, or comparable or higher unit testifying to such combat credit.

	e.  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.

	f.  The Drill Sergeant Identification Badge is awarded upon successful completion of the Drill Sergeant Course and assignment as a drill sergeant to a training command.  The Commandant of the Drill Sergeant School will authorize the permanent wear of the badge to eligible personnel by memorandum.  Officers are authorized to wear this badge if it was permanently awarded to them while in an enlisted status.  The badge may be revoked if the recipient is removed from the position of a drill sergeant for cause, regardless of the amount of time the individual has served in the position in a satisfactory manner.  Authority to revoke the badge is delegated to commanders of U.S. Army training centers and commandants of drill sergeant schools. Commanders of U.S. Army training centers may further delegate the revocation authority to commanders in the grade of colonel or higher who have the authority to remove Soldiers from drill sergeant duties and withdraw skill qualification identifiers (SQI) "X."

15.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam his units were cited for the following awards: 

	a.  2nd Battalion, 60th Infantry, from 30 November 1966 to 21 July 1967.  This unit was cited for awards of the 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 December 1966 to 30 June 1968, based on DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969, based on DAGO Number 59, dated 1969

	b.  Headquarters and Headquarters and Headquarters Company, 3rd Brigade, 9th Infantry Division, from 22 July 1967 to 19 November 1967.  This unit was cited for: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 December 1966 to 30 June 1968, based on DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969, based on DAGO Number 59, dated 1969

	c.  4th Battalion, 9th Infantry Regiment, 25th Infantry Division, from 
17 October 1969 to 22 May 1970.  This unit was cited for:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 30 September 1970, based on DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 30 April 1966 to 21 January 1970, based on DAGO Number 51, dated 1971

	d.  25th Administrative Company, from 23 May 1970 to 6 October 1970, this unit was cited for:  

* Meritorious Unit Commendation, for service from 1 January 1970 to 3 December 1970, based on DAGO Number 6, dated 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 30 September 1970, based on DAGO Number 5, dated 1973 
16.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.  In those instances, however, where a single unit received duplicate Vietnamese unit awards during the same period only one will be recorded in official military personnel and historical records. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the RA and the ARNG between 7 February 1950 and 30 November 1971.  He was issued multiple separation documents, each capturing the awards and decorations he was awarded or authorized during the period covered by the DD Form 214.  

2.  However, some of his DD Forms 214 contained errors, either by omitting individual and/or unit awards or improperly listing those awards.  As a result and as a matter of clarity, his retirement DD Form 214, ending on 30 November 1971, should be corrected as follows: 

	a.  He was awarded the Army Commendation Medal, the Air Medal, two awards of the Bronze Star Medal, and six awards of the Army Good Conduct Medal.  His DD Form 214 should be corrected to show these awards. 

	b.  He served in Korea from January 1959 to February 1960 during a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

	c.  His DA Form 20 listed the Army of Occupation Medal (Berlin), Expert Infantryman Badge, National Defense Service Medal (1st OLC), and Combat Infantryman Badge.  His DD Form 214 should be corrected to show these awards. 

	d.  His DA Form 20 listed and his records contain orders awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-1), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Pistol Bar.  His DD Form 214 should be corrected to show these badges. 

	e.  He was awarded the Republic of Vietnam Campaign Medal and Vietnam Service Medal.  He also participated in six campaigns during his service in Vietnam.  Therefore, he is entitled to one silver and one bronze service star to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show these awards.  

	f.  GO awarded his various units in Vietnam the Meritorious Unit Commendation, four awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  With respect to other awards: 

	a.  The Overseas Service Ribbon was established on 10 April 1981.  It may be awarded retroactively to Soldiers before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant retired on 30 November 1971.  He was not in an active duty status on or after 1 August 1981.  Therefore, he is not entitled to this award.

	b.  The Drill Sergeant Identification Badge is awarded upon successful completion of the Drill Sergeant Course and assignment as a drill sergeant to a training command.  His records do not show he completed the Drill Sergeant Course or was assigned as a drill sergeant.  He does not meet the criteria for this badge. 

	c.  The Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954.  He did not serve in Korea between these dates.  He does not meet the criteria for this award. 

	d.  His records do not contain orders awarding him a second award of the Air Medal.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to add a second award of the Air Medal. 

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 adding to his DD Form 214, ending on 30 November 1971, the:

* Bronze Star Medal (2nd Award)
* Army Commendation Medal
* Air Medal
* Army Good Conduct Medal (6th Award)
* Korea Defense Service Medal
* Army of Occupation Medal (Berlin)
* Expert Infantryman Badge
* National Defense Service Medal (2nd Award)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar
* Republic of Vietnam Campaign Medal 
* Vietnam Service Medal with one silver and one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (4th Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

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 adding the:

* Overseas Service Ribbon
* Drill Sergeant Identification Badge









* Korean Service Medal
* Air Medal (2nd Award) 



      _______ _ 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)                                         AR20130021288





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ABCMR Record of Proceedings (cont)                                         AR20130021288



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