IN THE CASE OF:	  

		BOARD DATE:	  20 August 2014

		DOCKET NUMBER:  AR20140000144 


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 with "V" Device.

2.  The applicant states he does not know why awards were omitted from his DD Form 214.

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* Headquarters, 9th Infantry Division, General Orders Number 4145, dated 20 August 1967
* Headquarters, Department of the Army, Special Orders Number 207, dated 23 October 1970

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 4 June 1948.  He was honorably discharged on 5 June 1951 for the purpose of immediate reenlistment.  His DD Form 214 for this period shows no authorized awards.

3.  He reenlisted on 6 June 1951.  He was transferred to the Far East Command in Japan and Korea on 19 October 1951.  He was assigned to the 532d Engineer Boat and Shore Regiment from 7 November 1951 through on or about 11 July 1954.  He participated in one campaign during this period.

4.  He was honorably discharged on 5 June 1957 for the purpose of immediate reenlistment.  His military records do not contain a DD Form 214 for this period of service.  He was later issued a Certification of Military Service for the period 6 June 1951 to 5 June 1957.

5.  He reenlisted on 6 June 1957.  He was transferred to Germany on 13 February 1958.  He was assigned to the 63d Medical Detachment from 20 February 1958 through on or about 23 December 1959.

6.  He was transferred to Korea on 19 June 1961.  He was assigned to Detachment L, Korean Military Advisory Group, on 30 June 1961.  He was reassigned to the 54th Medical Detachment (Helicopter Ambulance) on 11 August 1961 through on or about 1 September 1962.

7.  He was honorably discharged on 5 June 1963 for the purpose of immediate reenlistment.  His DD Form 214 for this period shows he was awarded the Army Good Conduct Medal (3rd Award).

8.  He reenlisted on 6 June 1963.  He was transferred to Germany on 28 May 1965.  He was assigned to Company B, 126th Maintenance Battalion, from 6 June 1965 through on or about 8 August 1966.

9.  He was transferred to Vietnam on 29 January 1967.  He was assigned to Troop D, 3d Squadron, 5th Cavalry Regiment, 9th Infantry Division, from 31 January 1967 through on or about 28 January 1968.  He participated in two campaigns during this period.

10.  Headquarters, 9th Infantry Division, General Orders Number 1333, dated 22 May 1967, awarded him the Air Medal.

11.  Headquarters, 9th Infantry Division, General Orders Number 4145, dated 20 August 1967, awarded him the Bronze Star Medal with "V" Device for heroic action on 19 June 1967.

12.  Headquarters, 9th Infantry Division, General Orders Number 4443, dated 2 September 1967, awarded him the Army Good Conduct Medal (5th Award) for the period 16 August 1964 to 15 August 1967.

13.  Headquarters, 9th Infantry Division, General Orders Number 1836, dated 30 March 1968, awarded him the Air Medal (2nd through 8th Award).

14.  Headquarters, 9th Infantry Division, General Orders Number 2242, dated 7 April 1968, awarded him the Bronze Star Medal for action during the period 29 January to 31 December 1967.

15.  He was again transferred to Vietnam on 4 July 1969.  He was assigned to Headquarters and Headquarters Battery (Division Artillery), 1st Cavalry Division (Airmobile), Vietnam, from 9 July 1969 to on or about 30 June 1970.  He participated in three campaigns during this period.

16.  He was honorably discharged on 5 August 1969 for the purpose of immediate reenlistment.  His DD Form 214 for this period shows he was awarded or authorized the Army Good Conduct Medal (5th Award), National Defense Service Medal (2nd Award), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Bronze Star Medal with "V" Device.

17.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 11694, dated 2 July 1970, awarded him the Army Commendation Medal.

18.  He reenlisted for the last time on 6 August 1969.  He retired on 31 October 1970.  He completed 22 years, 4 months, and 25 days of total active service.  He received all "excellent" conduct and efficiency ratings during the period 16 August 1967 to 15 August 1970.  His DD Form 214 for this period shows he was awarded or authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Commendation Medal, and Air Medal.

19.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

20.  Army Regulation 600-8-22 states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

21.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Korean Service Medal and Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

22.  Army Regulation 600-8-22 states the United Nations Service Medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

23.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal was awarded to members of the Armed Forces of the United States who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

24.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 532d Engineer Boat and Shore Regiment was awarded the Republic of Korea Presidential Unit Citation for the period 19 September 1950 through 31 July 1952.

25.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Troop D, 3d Squadron, 5th Cavalry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969

26.  Department of the Army Pamphlet 672-3 shows Headquarters and Headquarters Battery (Division Artillery), 1st Cavalry Division (Airmobile), was awarded the:

* Valorous Unit Award for the period 1 May-29 June 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970

27.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214 and stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all of his authorized awards, including the Bronze Star Medal with "V" Device.

2.  The applicant's DD Form 214 for the period ending 31 October 1970 shows award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Commendation Medal, and Air Medal.

3.  The applicant's records show he was awarded two Bronze Star Medals, one with "V" device.  Therefore, his DD Form 214 for the period ending 31 October 1970 should be corrected to show award of the Bronze Star Medal (2nd Award) and "V" Device.

4.  The applicant's records show he was awarded eight Air Medals.  Therefore, his DD Form 214 for the period ending 31 October 1970 should be corrected to show award of the Air Medal (8th Award).

5.  The applicant's records show he was awarded the Army Good Conduct Medal (5th Award) for the period 16 August 1964 to 15 August 1967.  He received all "excellent" conduct and efficiency ratings during the period 16 August 1967 to 15 August 1970.  Therefore, he should be awarded the Army Good Conduct Medal (6th Award) for the period 16 August 1967 to 15 August 1970 and his DD Form 214 for the period ending 31 October 1970 should be corrected to show this award.

6.  The applicant's records show he was awarded the National Defense Service Medal (2nd Award) and Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 for the period ending 31 October 1970 should be corrected to show these awards.

7.  The applicant's records show he completed a qualifying period of service for award of the Korean Service Medal.  His records also show he participated in one campaign during his service in Korea.  Therefore, he is authorized award of the Korean Service Medal with one bronze service star and his DD Form 214 for the period ending 31 October 1970 should be corrected to show this award.

8.  The applicant's records show he completed a qualifying period of service for award of the United Nations Service Medal.  Therefore, his DD Form 214 for the period ending 31 October 1970 should be corrected to show this award.

9.  The applicant's records show he completed a qualifying period of service for award of the Republic of Korea War Service Medal.  Therefore, his DD Form 214 for the period ending 31 October 1970 should be corrected to show this award.

10.  The applicant's records show he was awarded the Vietnam Service Medal.  His records also show he participated in five campaigns during his service in Vietnam.  Therefore, he is authorized award of the Vietnam Service Medal with one silver service star and his DD Form 214 for the period ending 31 October 1970 should be corrected to show this award.

11.  Based on his assignments, he is authorized the following unit awards.  Therefore, this DD Form 214 for the period ending 31 October 1970 should be corrected to show these unit awards:

* Valorous Unit Award
* Republic of Korea Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

BOARD VOTE:

____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:

* awarding him the Army Good Conduct Medal (6th Award) for the period 16 August 1967 to 15 August 1970
* deleting award of the Air Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation from his DD Form 214 for the period ending 31 October 1970
* adding the following awards to his DD Form 214 for the period ending 31 October 1970 –

* Bronze Star Medal (2nd Award) and "V" Device
* Air Medal (8th Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Korean Service Medal with one bronze service star
* Vietnam Service Medal with one silver service star
* United Nations Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Korea War Service Medal
* Valorous Unit Award
* Republic of Korea Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (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)                                         AR20140000144



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140000144



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1