IN THE CASE OF:	  

		BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140001212 


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) for the period ending 30 October 1973 to show award of the:

* Soldier's Medal
* Army Commendation Medal (ARCOM)
* Air Medal
* National Defense Service Medal (NDSM)

2.  The applicant states these awards are missing from his DD Form 214. 

3.  The applicant provides:

* Award certificates for the Soldier's Medal and ARCOM
* Citation for the Air Medal
* DD Form 214 

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 26 January 1970 for a period of 3 years.  He arrived in Vietnam on 19 June 1970 and he served as a light weapons infantryman.   

3.  Headquarters, 25th Infantry Division, General Orders Number 10515, dated 25 October 1970, show he was awarded the ARCOM for meritorious service during the period 1 September 1970 to 19 October 1970.  These orders show he was assigned to Company D, 4th Battalion, 9th Infantry.

4.  On 27 January 1971, he was honorably discharged for immediate reenlistment.  His DD Form 214 covering this period of service is not available.

5.  He reenlisted on 28 January 1971 for a period of 3 years.  

6.  Headquarters, 23rd Infantry Division, General Orders Number 04989, dated 
3 May 1971, show he was awarded the ARCOM for meritorious achievement during the period 1 October 1970 to 31 March 1971.  These orders show he was assigned to Company E, 1st Battalion, 6th Infantry, 23rd Infantry Division.
  
7.  Headquarters, 23rd Infantry Division, General Orders Number 8752, dated 
5 August 1971, show he was awarded the Air Medal.  These orders show he was assigned to Company A, 1st Battalion, 23rd Infantry Division.
  
8.  He departed Vietnam on 18 March 1972.  On 30 October 1973, he was honorably released from active duty.

9.  His DD Form 214 for the period ending 30 October 1973 shows he was awarded or authorized the:

* Vietnam Service Medal with one bronze service star
* Silver Star
* Bronze Star Medal with First Oak Leaf Cluster
* Bronze Star Medal with "V" Device
* Combat Infantryman Badge
* Good Conduct Medal


10.  Headquarters, Department of the Army General Orders Number 7, dated 
8 March 1974, show the applicant was awarded the Soldier's Medal for heroism on 24 April 1973.

11.  Records show he participated in four campaigns during his assignment in Vietnam.

12.  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 the 4th Battalion, 9th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders (DAGO) Number 5, dated 1973.

13.  Department of the Army Pamphlet 672-3 also shows the 1st Battalion, 
6th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 March to 9 October 1971 in DAGO Number 6, dated 1974.

14.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

15.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

16.  Army Regulation 600-8-22 states 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.

17.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  
  



DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Soldier's Medal.  Therefore, his DD Form 214 for the period ending 30 October 1973 should be corrected to show this medal.

2.  Orders show he received two awards of the ARCOM.  Therefore, his DD Form 214 for the period ending 30 October 1973 should be corrected to show these awards.  

3.  Orders show he was awarded the Air Medal.  Therefore, his DD Form 214 for the period ending 30 October 1973 should be corrected to show this medal.

4.  He served a period of qualifying service for award of the NDSM and Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 for the period ending 30 October 1973 should be corrected to show these medals.   

5.  His DD Form 214 for the period ending 30 October 1973 shows the Vietnam Service Medal with one bronze service star.  However, the evidence shows he participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  Therefore, this DD Form 214 should be corrected to show these bronze service stars. 

6.  His units (4th Battalion, 9th Infantry and 1st Battalion, 6th Infantry) in Vietnam were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these unit awards, his DD Form 214 for the period ending 30 October 1973 should be corrected to show two unit awards.

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.  deleting the entry "1 Bronze Service Star to the Vietnam Service Medal" from his DD Form 214 for the period ending 30 October 1973; and

	b.  adding the Soldier's Medal, ARCOM (2nd Award), Air Medal, NDSM, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) to his DD Form 214 for the period ending 
30 October 1973.



      _______ _   _______   ___
               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)                                         AR20140001212





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ABCMR Record of Proceedings (cont)                                         AR20140001212



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