IN THE CASE OF:  

		BOARD DATE:  11 June 2015	

		DOCKET NUMBER:  AR20140018377


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 he was separated from active duty on 2 May 1971 versus 2 April 1971, and to show he was awarded the Air Medal (2nd Award) and the Army Good Conduct Medal (1st Award).

2.  The applicant states the omissions on his DD Form 214 resulted from the Army's oversight.

3.  The applicant provides the following documents in support of his request, listed chronologically:

* DD Form 214 for the period ending 2 April 1971
* General Orders Number 2749, issued by Headquarters, 101st Airborne Division (Airmobile) on 4 April 1971
* General Orders Number 2939, issued by Headquarters, 101st Airborne Division (Airmobile) on 9 April 1971
* Special Orders Number 121, issued by Headquarters, 101st Airborne Division (Airmobile) on 1 May 1971
* DA Form 1811 (Physical and Mental Status on Release from Active Duty), dated 1 May 1971
* General Orders Number 3679, issued by Headquarters, 101st Airborne Division (Airmobile) on 3 May 1971



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 26 September 1969.  After completing his initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He attained the rank/grade of sergeant/E-5 prior to his date of separation.

3.  Special Orders Number 325, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, North Carolina on 21 November 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), effective 5 November 1969.

4.  Special Orders Number 9, issued by Headquarters, U.S. Army School and Training Center, Fort McClellan, Alabama on 14 January 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), effective 7 January 1970.

5.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam 9 March 1970 through 30 April 1971.  

* he was assigned to Company A, 3rd Battalion (Airmobile), 187th Infantry Regiment, from on or about 23 March 1970 through on or about               12 September 1970
* he was assigned to Headquarters and Headquarters Company (HHC),  3rd Battalion (Airmobile), 187th Infantry Regiment, from on or about        13 September 1970 through on or about 26 April 1971

6.  General Orders Number 2749, issued by Headquarters, 101st Airborne Division (Airmobile) on 4 April 1971, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 15 March 1970 through 31 August 1970.  These orders show he was assigned to HHC, 3rd Battalion (Airmobile), 187th Infantry Regiment.

7.  General Orders Number 2939, issued by Headquarters, 101st Airborne Division (Airmobile) on 9 April 1971, awarded him the Army Good Conduct Medal (1st Award), for the period 26 September 1969 through 30 April 1971.

8.  Special Orders Number 121, issued by Headquarters, 101st Airborne Division (Airmobile) on 1 May 1971, released him from active duty effective 2 May 1971 and assigned him to the U.S. Army Reserve Control Group (Annual Training) the following day.

9.  His DD Form 214 shows in:

	a.  Item 11d (Transfer or Discharge Data – Effective Date), he was honorably released from active duty on 2 April 1971.

	b.  Item 22a (1) (Statement of Service – Creditable for Basic Pay Purposes – Net Service This Period), he was credited with completing 1 year, 7 months, and  7 days of net active service.

	c.  Item 22c (Statement of Service – Foreign and/or Sea Service), he was credited with completing 1 year, 1 month, and 22 days of foreign service in the U.S. Army Pacific (USARPAC) Theater of Operations.  

	d.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Badge with Rifle Bar (M-16)

10.  His record does not contain the orders that reassigned him from Company A to HHC, 3rd Battalion (Airbmobile), 187th Infantry Regiment. 

11.  The applicant provides General Orders Number 3679, issued by Headquarters, 101st Airborne Division (Airmobile) on 3 May 1971, which awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 15 March 1970 through 31 August 1970.  These orders show he was assigned to Company A, 3rd Battalion (Airmobile), 187th Infantry Regiment.  However, his military records do not contain these orders.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  
	
	a.  Paragraph 1-19 provides that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service (emphasis added).

	b.  Paragraph 2-13 provides the regulatory guidance pertaining to 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 three campaigns:

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

13.  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 3rd Battalion (Airmobile), 187th Infantry Regiment, to which the applicant was assigned during his service in the Republic of Vietnam, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 March through 9 October 1971, in Department of the Army General Orders (DAGO) Number 6, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 3 October 1968 through 2 May 1970, in DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was separated from active duty on 2 May 1971 versus 2 April 1971, and to show he was awarded the Air Medal (2nd Award) and the Army Good Conduct Medal (1st Award), was carefully considered.

2.  His records contain numerous orders and documents that indicate he served after 2 April 1971, the separation date shown on his DD Form 214.  In fact, it appears he was released from active duty on 2 May 1971, and the service computation in item 22a (1) of his DD Form 214 supports this separation date.  

3.  It appears his separation date was erroneously entered on his DD Form 214; therefore, it would be appropriate to amend the separation date shown on his  DD Form 214 to show he was released from active duty on 2 May 1971.   

4.  His record contains General Orders Number 2749, which awarded him the Air Medal (1st Award) on 4 April 1971, for meritorious achievement while participating in aerial flight during the period 15 March 1970 through 31 August 1970.  These orders show he was assigned to HHC, 3rd Battalion (Airmobile), 187th Infantry Regiment.  

5.  His record does not contain, but he provided, General Orders Number 3679, issued by Headquarters, 101st Airborne Division (Airmobile) on 3 May 1971, which awarded him the Air Medal (1st Award) for meritorious achievement while participating in aerial flight during the period 15 March 1970 through 31 August 1970.  These orders show he was assigned to Company A, 3rd Battalion (Airmobile), 187th Infantry Regiment.  

6.  His record does not contain the orders that reassigned him from Company A to HHC, 3rd Battalion (Airbmobile), 187th Infantry Regiment; however, his        DA Form 20 shows he was assigned to the HHC effective 13 September 1970, after the period cited in the award.  Regardless, the governing regulation, Army Regulation 600-8-22, provides that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  As such, there is no basis to correct his DD Form 214 to show he was awarded the Air Medal (2nd Award).

7.  Nonetheless, the Air Medal (1st Award) is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

8.  General orders awarded him the Army Good Conduct Medal (1st Award), which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

9.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  These marksmanship badges are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

10.  His DD Form 214 shows he was awarded the Vietnam Service Medal; however, it is listed without any corresponding bronze service stars that indicate the number of campaigns he participated in.  The evidence of record shows he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

11.  General orders awarded his units of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

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
amending his DD Form 214, for the period ending 2 April 1971, by:

	a.  amending item 11d to show he was released from active duty on 2 May 1971; and

	b.  amending item 24 by deleting the Vietnam Service Medal and adding the:

* Air Medal
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
2.  The Board further determined 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 correcting his DD Form 214 to show a second award of the Air 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140018377



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