IN THE CASE OF:	  

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150001564 


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:

* Parachutist Badge
* Special Forces (SF) Tab
* one additional Bronze Star Medal
* Army Commendation Medal (2nd Award) with “V” Device 
* Air Medal
* all unit awards he may be eligible to receive

2.  The applicant states he served in Vietnam while assigned to Company F, 75th Infantry, 25th Infantry Division (ID) from 8 December 1969 to 11 November 1970.  He earned three Bronze Star Medals in Vietnam but his DD Form 214 only shows two.  His DD Form 214 shows the Army Commendation Medal (3rd Award) but he believes he only earned the Army Commendation Medal (2nd Award) with “V” Device.  He successfully completed Airborne and SF training but the Parachutist Badge and SF Tab are not listed on his DD Form 214.  He would also like all unit awards he is eligible to receive to be added to his DD Form 214.

3.  The applicant provides his DD Form 214, six orders, ten certificates, and an award citation.



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 records show he enlisted in the Regular Army on 11 March 1968 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 13 July 1968, he was assigned to the 4th Student Battalion, The Student Brigade, U.S. Army Infantry School Fort Benning, GA, for attendance at the Airborne Course.  He provides a certificate that shows he successfully completed The Airborne Course on 7 August 1968.

4.  On 23 August 1968, he was assigned to Company D, U.S. Army SF Training Group (USASFTG), Fort Bragg, NC, for Phase I, SF Training.  He successfully completed the training.

5.  On 20 September 1968, he was assigned to Company B, USASFTG, for attendance at the SF Communication Course.  He provides a certificate, dated 21 March 1969, that shows he successfully completed the Communications Course at the USASFTG. 

6.  He was subsequently awarded MOS 05B (Radio Operator) with skill qualification identifier (SQI) S as his primary MOS and 11B4S as his secondary MOS.  On 14 April 1969, he was promoted to the rank/grade of specialist four (SP4)/E-4.

7.  He provides a certificate, dated 29 May 1969, that he shows he successfully completed the SF Advanced Enlisted Course, U. S. Army Special Warfare School, Fort, Bragg.

8.  On 9 June 1969, he was assigned to Company B, 6th Special Forces Group (SFG), Fort Bragg, in MOS 05B4S.
9.  He arrived in Vietnam on 8 December 1969 and he was assigned to Company F (Ranger), 75th Infantry Regiment, 25th ID, in MOS 11B2P, from 18 December 1969 to 11 November 1970.  On 9 May 1970, he was promoted to the rank/grade of sergeant (SGT)/E-5.

10.  The applicant provides and his record contains the following General Orders (GO), issued by HQ, 25th ID:

* GO Number 7015, dated 22 June 1970, awarded him the Army Commendation Medal for meritorious achievement from 1 April to 31 May 1970 
* GO Number 6795, dated 18 June 1970, awarding him the Army Commendation Medal (2nd Award) with “V” Device for heroism in action on 13 May 1970
* GO Number 8739, dated 10 August 1970, awarding him the Bronze Star Medal for meritorious achievement in action on 6 July 1970
* GO Number 10097, dated 10 October 1970, awarding him the Bronze Star Medal (2nd Award) with “V” Device for heroism in action on 16 September 1970
* GO Number 10126, dated 11 October 1970, awarding him the Air Medal for meritorious achievement for the period 19 February to 23 May 1970
* GO Number 10582, dated 27 October 1970, awarding him the Bronze Star Medal (2nd Award) [i.e. 3rd Award] for meritorious service from December 1969 to October 1970

11.  He was honorably released from active duty on 12 November 1970 in the rank of SGT and he was transferred to the U.S. Army Reserve.  He completed 2 years, 8 months, and 2 days of creditable active service with no lost time.

12.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal (3rd Award)
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Bronze Star Medal (2nd Award) with “V” Device

13.  Item 25 (Education and Training Completed) of his DD Form 214 shows he completed 23 weeks of training in the 05B4S course, at the USASFTG in 1969.

14.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all “excellent” conduct and efficiency ratings throughout his service.

15.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  

17.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Parachutist Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 41 also lists:

* two awards of the Army Commendation Medal with “V” Device; however, the second entry is a duplicate entry as both show the authority as GO Number 6795 (emphasis added)
* Army Commendation Medal (3rd Award), authority GO Number 7015
* Bronze Star Medal (1st Award), authority GO Number 8739
* Bronze Star Medal (2nd Award) with “V” Device, authority GO Number 10097

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

   a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of the applicant’s record shows that during his service in Vietnam he participated in three campaigns. 

	b.  Prior to 1 January 1988, the SF Tab may be awarded to any person that successfully completed the then approved program of instruction for SF qualification in an SFG, who were subsequently awarded, by competent authority, SQI S in Career Management Field 18 (enlisted), or who were awarded by competent authority, SQI S in MOS 11B, 11C, 12B, 05B, or 91B.
19.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Company F, 75th Ranger, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970, by Department of the Army General Orders (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 17 February 1969 through 21 January 1970, by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant’s DD Form 214 contains several errors.  

* GO awarded him the Bronze Star Medal (3rd Award) with “V” Device; his DD Form 214 inadvertently listed the Bronze Star (2nd Award) 
* GO awarded him the Army Commendation Medal (2nd Award) with “V” Device; his DD Form 214 inadvertently listed the Army Commendation Medal (3rd Award) 
* he was awarded the Air Medal and Parachutist Badge which are not shown on his DD Form 214
* he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16), none of which are shown on his DD Form 214 

2.  He served honorably from 11 March1968 through 12 November 1970.  He served heroically in Vietnam and received all “excellent” conduct and efficiency ratings throughout his military service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  He meets the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service.

3.  His record confirms he successfully completed the SF Advanced Enlisted Course and was awarded SQI S in MOS 05B and 11B.  As such, he meets the criteria to have been awarded the SF Tab.

4.  His record confirms he participated in three campaigns during his service in Vietnam.  He is authorized 3 bronze service stars for wear on his already-awarded Vietnam Service Medal.
5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during the period he was assigned to the unit.  He meets the criteria for correction of his DD Form 214 to show these unit awards

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st Award) for the period 12 March1968 through 12 November 1970
* awarding him the Special Forces Tab for successfully completing the Special Forces Advanced Enlisted Course
* deleting from his DD Form 214 the Army Commendation Medal (3rd Award), Vietnam Service Medal, Bonze Star Medal (2nd Award) with “V” Device
* adding to his DD Form 214 the:

* Bronze Star Medal (3rd Award) with “V” Device
* Army Commendation Medal (2nd Award) with “V” Device
* Army Good Conduct Medal (1st Award)
* Air Medal
* Vietnam Service Medal with 3 bronze service stars
* Parachutist Badge
* Special Forces Tab
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* 
Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      __________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)                                         AR20150001564



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ABCMR Record of Proceedings (cont)                                         AR20150001564



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