IN THE CASE OF:	  

		BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20140013095 


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 record to show award of the Combat Action Medal (correctly known as the Combat Action Badge), Combat Medical Badge, Army Good Conduct Medal, Cold War Certificate, Air Medal, and Bronze Star Medal.

2.  The applicant states that according to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) his awards and citations are incomplete.

3.  The applicant provides his DD Form 214 in support of this application.

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 has requested award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the         United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings.

3.  The applicant enlisted the Regular Army on 5 September 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairer).  He served in Vietnam from 28 March 1970 to 4 March 1971.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that while in Vietnam he served with the 176th Aviation Company from 7 April 1970 to 28 February 1971;

	b.  item 38 that he received all "excellent" conduct and efficiency ratings throughout his service; and

	c.  item 41 (Awards and Decorations) award of the National Defense Service Medal, Armed Forces Expeditionary Medal, Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Hand Grenade Bar.

5.  Special Orders Number 259, dated 28 October 1968, awarded him the Expert Marksmanship Qualification Badge with Hand Grenade Bar.

6.  General Orders Number 8812, dated 8 July 1970, awarded him the Air Medal.

7.  On 3 September 1971, he was released from active duty after completing 2 years, 11 months, and 29 days of net active service during this period.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Armed Forces Expeditionary Medal, and Vietnam Service Medal.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the Bronze Star Medal pertaining to the applicant.

9.  Army Regulation 600-8-22 states the:

	a.  Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

	b.  Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

	c.  Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command and announcement in orders (emphasis added) are required.

	d.  regulatory guidance for 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, participation credit was awarded for the following four campaigns:

* Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary County (1 May 1970 - 30 June 1970)
* Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

	e.  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.

	f.  requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

10.  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 176th Aviation Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 31 March to 30 June 1970 in Department of the Army General Order (DAGO) Number 42, dated 1972.

11.  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 the 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.  

DISCUSSION AND CONCLUSIONS:

1.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  The applicant served on active duty from 5 September 1968 through 3 September 1971.  Therefore, he does not meet the minimum eligibility criteria for award of the Combat Action Badge.

2.  There is no evidence in the available records and the applicant did not submit any substantiating evidence that shows he held a medical MOS, was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which engaged in active ground combat.  In the absence of such evidence, the applicant does not meet the eligibility requirements for the Combat Medal Badge.  Therefore, there is insufficient evidence to grant the request for award of the Combat Medical Badge.

3.  There are no orders or other corroborating evidence that confirm the applicant was awarded a Bronze Star Medal.  Therefore, there is an insufficient evidentiary basis for granting his request.

4.  The available evidence confirms the applicant served in the Army from 
5 September 1968 to 3 September 1971.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 
5 September 1968 to 3 September 1971 and correct his DD Form 214 to show this medal.

5.  He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and this award should be added to his DD Form 214.

6.  DAGO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  Records show the applicant participated in three campaigns while serving in Vietnam.  Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

8.  Special Orders show he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.  This marksmanship badge is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

9.  Evidence of record shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to have his record corrected to show this badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period of service from 5 September 1968 to 3 September 1971;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and 

	c.  adding the Air Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Grenade 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 the Combat Action Badge, Combat Medical Badge, and Bronze Star Medal.  



      _____________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)                                         AR20140013095



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ABCMR Record of Proceedings (cont)                                         AR20140013095



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