IN THE CASE OF:	  

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140004861 


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 add missing awards, to include:

	a.  adding the:

* Air Medal 
* two additional awards of the Army Commendation Medal with "V" Device 
* Honorary Diploma

	b.  correcting the entry referring to his Airborne training course to show the course was completed at "Fort Benning, GA" vice "Fort Lewis, WA."

2.  The applicant states his DD Form 214 is missing the Air Medal, two awards of the Army Commendation Medal for Heroism (with "V" Device), and an honorary diploma for foreign personnel working in Vietnam, issued by the Republic of Vietnam.  Additionally, his DD Form 215 incorrectly shows he attended Airborne training at U.S. Army Training Center (USATC), Fort Lewis, WA, and it should show his Airborne training was conducted at USATC, Fort Benning, GA. 

3.  The applicant provides:

* Decision Document/Honor Diploma for Airborne Soldiers, dated 7 January 1969
* Certificate of award of the Air Medal, dated 13 February 1969
* General Orders (GO) Number 4035, dated 17 August 1969
* Certificate for Award of the Army Commendation Medal with "V" Device (2nd Award), dated 17 August 1969
* Orders Number 4785, dated 24 September 1969
* Certificate for Award of the Army Commendation Medal with "V" Device, dated 24 September 1969

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 was inducted into the Army of the United States on 31 January 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained on active duty was corporal/E-4.

3.  Special Orders (SO) Number 75, issued by Headquarters, USATC, Fort Campbell, KY, on 20 March 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 122, issued by Headquarters, USATC, Fort Lewis, WA, on 2 May 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  SO Number 127, issued by issued by Headquarters, USATC, Fort Lewis, WA, on 7 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  His Department of the Army (DA) Form 20 (Enlisted Qualification Record) shows:

	a.  He attended basic airborne training at Fort Benning, GA, sometime between 4 June 1968 and 12 August 1968.
	b.  He was assigned to Vietnam from 7 September 1968 to 2 September 1969 and served with Headquarters and Headquarters Company, 269th Aviation Battalion from 13 September 1968 to 2 September 1969.

7.  He provided a document issued by the Republic of Vietnam, Ministry of National Defense, General Staff Officer, Airborne Division, Commander’s Office, on or around 7 January 1969, showing the commander granted/awarded him the Honorary Diploma for Foreign Personnel Working in Vietnam, Honor Primary.

8.  He provided a certificate for award of the Air Medal, dated 13 February 1969, showing he was awarded the Air Medal for heroism while participating in aerial flight in the Republic of Vietnam during the period 15 September 1968 to 
26 January 1969.  

9.  He provided GO Number 4035, issued by Headquarters, 1st Aviation Brigade, on 17 August 1969, which awarded him Army Commendation Medal (First Oak Leaf Cluster [2nd Award]), with "V" Device for heroism in connection with military operations against a hostile force on 31 May 1969.  He also provided the certificate for this award.  

10.  He provided GO Number 4785, issued by, Headquarters, 1st Aviation Brigade, on 24 September 1969, which awarded him Army Commendation Medal (First Oak Leaf Cluster [2nd Award]), with "V" Device for heroism in connection with military operations against a hostile force on 25 June 1969.  He also provided the certificate for this award.  

11.  He was honorably released from active duty on 4 September 1969.  His 
DD Form 214 and subsequently-issued DD Form 215 (Correction to DD Form 214) shows in:

	a.  Item 22c (Foreign and/or Sea Service) does not show the entry U.S. Army Pacific Command (USARPAC).

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Air Medal 
* Army Commendation Medal 2 with "V" Device (3rd Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Vietnam Campaign Medal
* Army Good Conduct Medal
* Combat Infantryman Badge
	c.  Item 25 (Education and Training Completed) the:

* Airborne Training Course USATC, Fort Lewis, WA, 3 weeks, completed in 1968
* Pathfinder Training Course, U.S. Army Infantry School, Fort Benning, GA, 5 weeks, completed in 1968

	d.  Item 30 (Remarks) does not show his service in Vietnam.

12.  Army Regulation 600-8-22 (Military Awards) states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms that during the period of the applicant’s service, Headquarters and Headquarters Company, 269th Aviation Battalion was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 to 30 September 1970, by DAGO Number 5, dated 1973.

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 30 January 1967 to 21 January 1970, by DAGO Number 51, dated 1971.

14.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

	a.  for item 22c, enter the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USARPAC);

	b.  for item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the individual's DA Form 20 (Enlisted Qualification Record), omitting authorities cited therein; 

	c.  for item 25, enter installation training courses, military correspondence courses, and off-duty courses, the enlisted person has successfully completed during the period completed by the DD Form 214; and

	d.  for item 30, indicate Indochina and Korea service performed on or after 5 August 1964 by entering the inclusive dates of service for Vietnam and indicating "Yes" or "No" for the service in Indochina and Korea.  Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "Yes" for Indochina.  Sample entries are as follows:

* to show service in Vietnam only – "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No"
* to show service in Indochina (other than Vietnam) only – "Indochina – Yes, Vietnam – No, Korea – No"
* to show service in Korea only – "Indochina – No, Vietnam – No, Korea – Yes"

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 and subsequently-issued DD Form 215 currently reflect that he received one award of the Air Medal.  His DD Form 214 and subsequently-issued DD Form 215 also show that two of his three awards of the Army Commendation Medal were for heroism, with "V" Device.  Therefore, the entries referring to these awards are properly reflected and no correction is required.  A copy of the DD Form 215 will be provided to him.

2.  The Honorary Diploma for Foreign Personnel Working in Vietnam, Honor Primary is not an award listed in Army Regulation 600-8-22, nor is it considered education or training.  As such, it is not authorized for entry on the DD Form 214.

3.  The evidence of record shows he attended the Airborne Training Course at USATC, Fort Benning, GA, and not Fort Lewis, WA.  Therefore, he is entitled to correction of his DD Form 214 to show the correct training location.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period of his assignment.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.  
5.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to add these badges.

6.  As a related issue, the last overseas theater in which he served was not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show his last overseas theater as USARPAC.  Also, the remarks section of his DD Form 214 does not show his Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to add this service.  

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.  adding to his DD Form 214 in item 22c the entry "USARPAC";

	b.  adding to his DD Form 214 in item 24 the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
	



	c.  deleting from his DD Form 214 in item 25 the entry "Airborne Training Course USATC, Fort Lewis, WA, 3 weeks, completed in 1968" and replacing it with the entry "Airborne Training Course USATC, Fort Benning, GA, 3 weeks, completed in 1968"; and 

	d.  adding to his DD Form 214 in item 30, the entry "Vietnam – 7 September 1968 to 2 September 1969, Indochina – Yes, Korea – No."

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 Honorary Diploma for Foreign Personnel Working in Vietnam, Honor Primary.  



      _____________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)                                         AR20140004861





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ABCMR Record of Proceedings (cont)                                         AR20140004861



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