IN THE CASE OF:	  

		BOARD DATE:	 18 September 2014 

		DOCKET NUMBER:  AR20140001147 


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 (Report of Transfer or Discharge) to show the Air Medal and two Army Commendation Medals.

2.  The applicant states he has previously asked that the Air Medal and the Army Commendation Medal be added to his DD Form 214. 

3.  The applicant provides copies of –

* Record of Proceedings in AR20110013900
* page 3 of a "Bravo Company Directory"
* Army Education Center, 1st Brigade, 25th Infantry Division, letter dated 15 February 1970
* his DD Form 214 
* applicant's undated letter to the U.S. Army Reserve Personnel Center
* 25th Infantry Division General Orders Number 10255 
* 25th Infantry Division General Orders 10428, dated 23 October 1970 
* his DA Form 20 (Enlisted Qualification Record)

CONSIDERATION OF EVIDENCE:

1.  The applicant also requested, via a Member of Congress, that he be awarded the Combat Infantryman Badge.  However, that issue has been previously considered by the Board, as AR201000026184 on 4 May 2011 and reconsidered 
as AR20110013900 on 5 January 2012.  He was denied award of the Combat Infantryman Badge because there is no available evidence that he held a qualifying military occupational specialty (MOS).

2.  Army Regulation 15-185 sets forth the guidance for the ABCMR and provides that a case may be reconsidered only once.

3.  The applicant was inducted on 8 July 1969 and served on active duty for 1 year, 7 months and 3 days, including 1 year, 1 month, and 28 days in Vietnam.  He was honorably separated from active duty on 10 February 1971 and transferred to the U.S. Army Reserve in pay grade E-4.

4.  His DA Form 20: 

	a.  shows he served in Vietnam with – 

* A Battery, 7th Battalion, 11th Artillery, 25th Infantry Division as a cannoneer from 20 December 1969 to 7 March 1970
* B Battery, 7th Battalion, 11th Artillery, 25th Infantry Division as a radio telephone operator from 8 March 1970 to 12 November 1970
* B Battery, 1st Battalion (Airmobile), 30th Artillery, 1st Cavalry Division from 13 November 1970 to 4 February 1971 

	b  shows his conduct and efficiency ratings were “excellent” throughout his period of active duty service;

	c.  lists his authorized awards as the – 

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Air Medal
* Army Commendation Medal
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  Orders in his record show –

* 25th Infantry Division General Orders Number 10255 of October 1970 awarded him the Air Medal as a member of B Battery, 7th Battalion, 11th Artillery, 25th Infantry Division for the period 25 February 1970 to 3 June 1970
* 25th Infantry Division General Orders Number 10428 of October 1970 awarded him the Army Commendation Medal as a member of B Battery, 7th Battalion, 11th Artillery, 25th Infantry Division for the period 1 October to 19 October 1970
* 1st Cavalry Division General Orders Number 21593, dated 13 December 1970, awarded him the Bronze Star Medal for the period February 1970 to February 1971
* 1st Cavalry Division General Orders Number 2096, dated 31 January 1971, awarded him the Army Commendation Medal for the period 1 February 1970 to 29 January 1971

6.  His final DA Form 137 (Installation Clearance Record) shows he was recommended for the Good Conduct Medal.

7.  The applicant's DD Form 214 shows his authorized decorations and awards as the – 

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* an Overseas Service Bar
* Army Commendation Medal
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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 can be no court-martial convictions.  

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

	a.  an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, including the Army Commendation Medal; and 

	b.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for participation in each campaign.  The applicant served during the following three designated campaign periods – 

* Vietnam Winter - Spring 1970         1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive                              1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII        1 July 1970 - 30 June 1971

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows – 

* 7th Battalion, 11th Artillery was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army (DAGO) Number 5 of 1973 and 
the RVN Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 through 21 January 1970 by DAGO Number 51 of 1971
* 1st Battalion, 30th Artillery was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 by DAGO Number 42 of 1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant's assertion that his earlier request(s) to add the Air Medal and Army Commendation Medal(s) to his DD Form 214 is correct; however, they were not acted upon. 

2.  He was awarded the Air Medal and two Army Commendation Medals.  

3.  The applicant's conduct and efficiency ratings were exclusively “excellent” and there is no evidence on any misconduct.  He was recommended for award of the Army Good Conduct Medal and should have received it.  It should be awarded at this time.

4.  The applicant served in Vietnam during three designated campaign periods.  He is entitled to three bronze campaign stars for wear on the Vietnam Service Medal.

5.  During his tour of duty both of his Vietnam units were authorized the RVN Gallantry Cross with Palm Unit Citation and the 7th Battalion, 11th Artillery was also awarded the RVN Civil Actions Honor Medal First Class Unit Citation.

6.  The above awards should be shown on his DD Form 214.


BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.  Awarding him the Army Good Conduct Medal (1st Award) for the period 
8 July 1969 to 10 February 1971;

	b.  adding to the awards shown on his DD Form 214 – 

* Air Medal
* Army Commendation Medal (two awards)
* Army Good Conduct Medal (1st award)
* three bronze service stars for wear on the Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ _   _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)                                         AR20140001147





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ABCMR Record of Proceedings (cont)                                         AR20140001147



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