BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140010709 


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 Separation from Active Duty) by adding the Army Commendation Medal (ARCOM), the Presidential Unit Citation and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation Badge (2nd Award) and any other authorized awards

2.  The applicant states the ARCOM was awarded after he was released from active duty and the RVN unit award was inadvertently left off.  He changed his name in 1994 from his adopted name back to his birth name.

3.  The applicant provides copies of his DD Form 214, the citation and orders for his ARCOM, a webpage printout for the 11th Armored Cavalry Regiment (ACR) unit awards, an 11th ACR calendar, and his transfer and separation orders. 

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 and entered active duty on 16 January 1967.  He completed training and was awarded military occupational specialty 35B as an aviation electronics technician.

3.  His DA Form 20 (Enlisted Qualification record shows in:

* item 29 (Qualification in Arms) - sharpshooter with M-14 Rifle on 
24 February 1967
* item 31 (Foreign Service) - he served in the RVN from 15 February 1969 to 8 January 1970 
* item 38 (Record of Assignments) - from 18 February 1969 to 14 December 1969 with Air Cavalry Troop, 11th ACR
* item 41 (Awards and Decorations) - RVN Campaign Medal with Device (1960), National Defense Service Medal, Vietnam Service Medal, two Overseas Service Bars, Army Good Conduct Medal (1st Award) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  The applicants record contains orders for award of the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar, dated 28 February 1967
* Army Good Conduct Medal, dated 8 November 1969

5.  The applicant returned to the United States on 15 December 1969 and was honorably released from active duty on 16 December 1969 and transferred to the Army reserve in pay grade E-5.  His DD Form 214 lists his authorized awards as the National Defense Service Medal RVN Campaign Medal with Device (1960)  Vietnam Service Medal, Army Good Conduct Medal, and the Vietnam Service Medal.

6.  In support of his request the applicant submitted the citation and orders showing he was awarded the ARCOM for meritorious service for the period December 1968 through December 1969.  He also underlined or highlighted several entries on the unit webpage printout and entered a notation indicating he believes the Presidential Unit Citation was authorized, but this document does not seem to actually indicate this.

7.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

8.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 to 15 May 1970 by Department of the Army General Order (DAGO) Number 55 of 1971.

9.  DAGO Number 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate period 20 July 1965 to 28 March 1973 by DAGO Number 8 of 1974.

10.  DA Pamphlet 672-3 provides that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, where a single unit received duplicate Vietnamese unit awards during the same period of time only one award will be recorded in official military and historical records (emphasis added).

DISCUSSION AND CONCLUSIONS:

1.  The applicant believes that the ARCOM, Presidential Unit Citation, and two awards of the RVN Gallantry Cross with Palm Unit Citation were left off his DD Form 214 because they were authorized after he was discharged.

2.  He was awarded the ARCOM after he was separated from active duty. 

3. Orders in the applicant's record show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

4.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and DAGO Number 8 of 1947 authorized the award for all units of the U.S. Army Vietnam.  However, an individual cannot be credited with more than one award for the same period of service so only one can be recorded in his records.
5.  Furthermore, the applicant apparently interprets the information in the 11th ACR webpage printout that he submitted with his application as indicating the entire regiment was awarded the Presidential Unit Citation.  However, it does not appear to actually reflect that information and DA Pamphlet 672-3 is the definitive authority.  There is no available evidence that the applicant is authorized the Presidential Unit Citation.

6.   The applicant served during four different designated campaign periods and is authorizes four bronze service stars on the Vietnam Service Medal.

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

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 changing item 24 of his DD Form 214 by:

	a.  deleting the Vietnam Service Medal; and

	b. adding the Army Commendation Medal, Vietnam Service Medal with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

2.  The Board further determined that the evidence presented was 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 the Presidential Unit Citation and the RVN Gallantry Cross with Palm 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)                                         AR20140010709





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ABCMR Record of Proceedings (cont)                                         AR20140010709



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