IN THE CASE OF:  	  

		BOARD DATE:  4 December 2014	  

		DOCKET NUMBER:  AR20140005313 


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:

   a.  reconsideration of the denial to award him the Air Medal; and
    
   b.  correction of his DD Form 214 (Report of Transfer or Discharge) to include award of the –

* Combat Infantryman Badge
* Vietnam Cross of Gallantry with four stars (i.e., Republic of Vietnam Gallantry Cross with Palm Unit Citation)
* Republic of Vietnam Action Medal (i.e., Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The applicant states he served in wartime and clerks were often untrained, many being wounded infantryman serving out their time.  They made errors and omitted things because they didn't know the job.

3.  The applicant provides a copy of his 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's request for award of the Air Medal was denied by the ABCMR in Docket Number AC98-10454, on 9 December 1998.

3.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.
       
4.  The applicant's request for reconsideration was not received within one year of the ABCMR's original decision and the applicant has provided no evidence to show entitlement to the Air Medal.  Therefore, this portion of the applicant's request will not be further addressed.

5.  The applicant was inducted on 4 September 1968, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).

6.  The record contains orders for award of the – 

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), October 1968
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), December 1968
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), December 1968
* Combat Infantryman Badge, April 1969
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), May 1970

7.  His DA Form 20 (Enlisted Qualification Record) shows –

* promotion to sergeant (E-5)
* service in Vietnam from 15 February 1969 through 13 February 1970
* assignment in Vietnam to Company B, 1st Battalion, 50th Infantry Regiment, 173rd Airborne Brigade
8.  The applicant was honorably released from active duty on 18 September 1970.  His DD Form 214 shows his awards as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to Company B, 1st Battalion, 50th Infantry Regiment, 173rd Airborne Brigade, it was cited for award of the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

   a.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam he participated during the following four campaign periods:  the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; the Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; the Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; and the Vietnam Winter–Spring 1970, 1 November 1969 - 30 April 1970.
    
	b.  The Republic of Vietnam Gallantry Cross Unit Citation is a unit citation awarded by the Vietnamese government for valorous combat achievement.  It is awarded in four degrees as follows with:

* Palm - to a unit which is cited before the Armed Forces
* Gold Star - to a unit which is cited before a corps
* Silver Star - to a unit which is cited before a division
* Bronze Star - to a unit which is cited before a regiment or brigade

   c.  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. 




DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 already shows award of the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar    (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar     (M-14).  Therefore this portion of the request is moot and will not be further addressed.

2.  The applicant served in Vietnam during 4 campaign periods and is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal.  Therefore, it is appropriate to delete the entry for the Vietnam Service Medal with 2 bronze service stars from his DD Form 214 and replace it with the Vietnam Service Medal with 4 bronze service stars.

3.  The applicant is also authorized the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These awards are not shown on his DD Form 214; therefore, it would be appropriate to include these unit awards on his DD Form 214.

4.  The applicant's award of the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar was omitted from his DD Form 214.  It would be appropriate to correct the record to include this badge on his DD Form 214.

5.  There are no service stars authorized for wear on the Republic of Vietnam Gallantry Cross with Palm Unit Citation to denote subsequent awards of this citation.  Therefore, it would not be appropriate to include such accouterments on the designation of his award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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.  deleting the Vietnam Service Medal with 2 bronze service stars from his DD Form 214; and

	b.  adding to his DD Form 214 the – 

* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Silver Star Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar

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 showing the applicant's award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation with any accouterments.




      __________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)                                         AR20140005313





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ABCMR Record of Proceedings (cont)                                         AR20140005313



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