IN THE CASE OF:  

		BOARD DATE:  16 April 2015

		DOCKET NUMBER:  AR20140015052 


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 show award of the Bronze Star Medal, Air Medal, and completion of the Infantry Mortar Platoon Officer Course (IMPOC).

2.  The applicant states the awards and course completion were apparently unintentionally left off his DD Form 214.  He would like his DD Form 214 to accurately reflect his military achievements and awards.

3.  The applicant provides copies of his:

* completion certificate for the IMPOC
* Department of the Army (DA) and U.S. Military Assistance Command Vietnam (MACV) Air Medal Certificates
* MACV memorandum, subject:  Transmittal of Award, dated 6 June 1969 with DA and MACV Bronze Star Medal Certificates
* MACV memorandum, subject:  Authorization for Individual Foreign Award, dated 14 July 1969 
*  two DD Forms 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.  Following enlisted service, the applicant was appointed as a U.S. Army Reserve infantry second lieutenant (2LT) on 7 July 1967 and entered active duty that same day.   He was promoted to first lieutenant (1LT) on 7 July 1968.

3.  His DA Form 66 (Officer Qualification Record) shows in:

	a.  Item 16 (Civilian Education and Military Schooling) he completed the
6-week IMPOC in 1967;

	b.  Item 17 (Foreign Service) he began his service in Vietnam on 6 July 1968;

	c.  Item 18 (Record of Assignments) he was assigned in Vietnam to:

* 1st Battalion, 501st Infantry from 17 July 1968 through 28 October 1968
* MACV from 29 October 1968 through 9 June 1969

	d.  Item 21 (Awards and Decorations) he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Bars

	e.  Item 23 (Qualification in Arms) he qualified for the Expert Marksmanship Qualification Badge with Rifle Bar. 

4.  The applicant was released from active duty on 14 June 1969 as a 1LT.  He had completed 1 year, 11 months, and 8 days of active duty service during the period covered by this DD Form 214 and a total of 2 years, 9 months, and 
20 days of active duty service.  The DD Form 214 he was issued at the time shows in:
	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* two Overseas Service Bars

	b.  item 25 (Education and Training Completed), in part, he completed the IMPOC in 1967.

5.  The applicant provided:

	a.  A U.S. Army Infantry School Diploma showing he completed the IMPOC on 14 August 1967.

	b.  DA and MACV Certificates showing he was awarded the Air Medal on 
8 June 1969 for meritorious achievement from 21 January 1969 to 2 May 1969.

	c.  MACV transmittal letter forwarding copies of the certificate, citation and orders for award of the Bronze Star Medal.  The Bronze Star Medal Certificate and Citation are provided, but the award orders are not provided.

	d.  MACV letter Subject:  Authorization for Individual Foreign Award, dated 
14 July 1969, showing the applicant was authorized to accept, wear, and have included in his personnel record the Armed Forces Honor Medal, 1st Class, presented to him by the Government of Vietnam.

6.  His record contains:

	a.  Headquarters, MACV, General Orders Number 3034, dated 8 June 1969, showing he was awarded the Air Medal for the period 21 January to 2 May 1969.

	b.  MACV letter, dated 14 July 1969, showing the applicant was authorized to accept, wear, and have included in his personnel record the Armed Forces Honor Medal, 1st Class which was presented to him by the Government of Vietnam.  An English translation of the award is provided with the letter.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, revealed general orders showing he was awarded the Bronze Star Medal on 1 June 1969 for meritorious service. 

8.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that 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:

* Counteroffensive Phase V			1 July - 1 November 1968
* Counteroffensive Phase VI     		2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive            	23 February - 8 June 1969
* Vietnam Summer - Fall 1969 		9 June - 31 October 1969

9.  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 1st Battalion, 501st Infantry, was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April-15 August 1968 in Department of the Army General Orders (DAGO) Number 21, dated 1969, and for the period 15 August 1968-14 May 1969, in DAGO Number 43, dated 1979.

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968-2 May 1970 in DAGO Number 48, dated 1971.

10.  Department of the Army Pamphlet 672-3 states 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal and the Air Medal.

2.  His record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. 

3.  The applicant participated in four campaign periods during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.
4.  The applicant's unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

5.  He was authorized to accept and wear the Armed Forces Honor Medal, 1st Class presented to him by the Government of Vietnam.

6.  His DD Form 214 should be corrected to show the above awards.

7.  He completed the IMPOC in 1967.  That training is properly listed on his DD Form 214 for the period ending 14 June 1969.  

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 adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Honor Medal, 1st Class
* four bronze service stars to his already-awarded Vietnam Service Medal

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 correcting his DD Form 214 to show he completed the IMPOC.



      _______ _   _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)                                         AR20100026573



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                    ARAR20140015052 



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1