RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            JANUARY 29, 2004                 
	DOCKET NUMBER:   AR2003090748

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Ms. Walter T. Morrison		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that the Bronze Star Medal, with one oak leaf cluster, and the Army Commendation Medal, with three oak leaf clusters, be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant made no statement in connection with his application to this Board.

3.  The applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, to support his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error, which occurred on 30 March 1980.  The application submitted in this case is dated 14 April 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he enlisted for 2 years in the Regular Army on 25 April 1969.  He received his basic combat training at Fort Dix, New Jersey, and his advanced individual training at Fort Polk, Louisiana.  Upon completion of all required military training, he was awarded military occupational specialty (MOS) 64A, Light Vehicle Driver.

4.  The applicant volunteered for and was sent to basic airborne training at Fort Benning, Georgia.  He successfully completed this training on 15 September 1969 and was awarded the Parachutist Badge.

5.  The applicant was assigned to and arrived in Vietnam on 26 August 1970.  He was assigned to Headquarters and Headquarters Company, 158th Aviation Battalion, 101st Airborne Division.  He remained assigned to this company and he was returned to the United States with his unit to Fort Campbell, Kentucky, on 24 December 1971.

6.  The applicant continued his service in the Army, and on 30 March 1980, he was honorably discharged in the rank and pay grade, Staff Sergeant, E-6, on completion of his required service.  On the date of his discharge, the applicant had completed 7 years, 9 months, and 17 days active Federal service.

7.  The applicant's DD Form 214, in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) shows that he was awarded the following awards: Parachute Badge; the Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16 Rifle]; the Good Conduct Medal (3rd Award); the National Defense Service Medal; the Vietnam Service Medal; the Vietnam Gallantry Cross, with Palm Unit Citation; the Army Commendation Medal, with one oak leaf cluster; and the Bronze Star Medal.  Neither the Bronze Star Medal, with one oak leaf cluster, nor the second and third oak leaf clusters to the Army Commendation Medal are shown on the DD Form 214.

8.  There are no entries in Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) to show that he was awarded the Bronze Star Medal, with one oak leaf cluster, and the Army Commendation Medal, with three oak leaf clusters.  There are no entries in Item 9 (Awards, Decorations and Campaigns) of the DA Form 2-1, Personnel Qualification Record, Part II, to show that he was awarded the Bronze Star Medal, with one oak leaf cluster, and the Army Commendation Medal, with three oak leaf clusters.  There are no orders in the applicant's military personnel records to show that he was awarded these awards.

9.  The applicant served in Vietnam from 26 August 1970 through 24 December 1971.  While in Vietnam, the applicant participated in the following three campaigns:  the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971; the Consolidation I, which extended from 1 July through 30 November 1971; and the Consolidation II, which extended from 1 December 1971 through 29 March 1972.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which the applicant is entitled for his campaign participation.

11.  Army Regulation (AR) 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

12.  The applicant was awarded the Republic of Vietnam Campaign Medal.  The medal appears in Item 41 of the applicant's DA Form 20.  It also appears in Item 9 of the applicant's DA Form 2-1.  The medal was transposed and it was included in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, with an effective date of 19 May 1977; however, it was not carried forward to his final DD Form 214, dated 30 March 1980, as required by the form itself, and the applicable regulation.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, lists unit awards received by units serving in Vietnam.  This document shows the applicant served in a unit, the 158th Aviation Battalion, which was awarded the Presidential Unit Citation for the period 8 February through 28 March 1971, by Department of the Army General Orders (DAGO) 13, dated 1974; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the periods 1 March through 9 October 1971, 18 April through 31 August 1971, and 6 through 19 September 1971 by DAGO 6, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 30 October through 7 December 1970 by DAGO 11, dated 1973.

14.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  This precludes wear of the Vietnamese Fourragere, which represents additional unit awards of the Republic of Vietnam Gallantry Cross.  Although wear of multiple awards of the unit citation is not authorized, official military personnel and historical records will indicate all awards received.  In those instances, however, where a single unit receives duplicate Vietnamese unit awards during the same period, only one unit citation will be recorded in the official military personnel and historical records.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was awarded the Bronze Star Medal with one oak leaf cluster and the Army Commendation Medal with three oak leaf clusters.  There are no orders in his service personnel records awarding these awards to the applicant, and the applicant provided none, to support his request to have these awards added to his DD Form 214.

2.  The applicant was awarded the Republic of Vietnam Campaign Medal.  The medal appears on the applicant's DA Form 20, Enlisted Qualification Record, and on his DA Form 2-1, Personnel Qualification Record, Part II.  The medal was not transposed and it was not included in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, with an effective date of 30 March 1980.  It would be appropriate to add this award to the applicant's DD Form 214 at this time.

3.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which the applicant is entitled for his campaign participation.  He is entitled to be awarded three bronze service stars, to denote his campaign participation, to have them affixed to his Vietnam Service Medal, and to have them shown on his separation document.

4.  The applicant served with the 158th Aviation Battalion, at the time it was cited for award of the Presidential Unit Citation; three awards of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  The applicant's DD Form 214 shows only one Republic of Vietnam Gallantry Cross with Palm, Unit Citation.  It would be appropriate to add those unit awards which are not shown on his DD Form 214 at this time.

BOARD VOTE:

wtm_____  kyf_____  rvo _____  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding the applicant three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, to denote his participation in three campaigns while he served in the Republic of Vietnam, and to show these three bronze service stars on his separation document, dated 30 March 1980;

b.  awarding the applicant the Presidential Unit Citation and adding this unit award to his DD Form 214 with an effective date of 30 March 1980;

c. awarding the applicant two awards of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, in addition to the one already shown on his DD Form 214, for a total of three, and having them shown on his separation document;

d.  awarding the applicant the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding it to his DD Form 214 dated 30 March 1980;

	e.  adding the already-awarded Republic of Vietnam Campaign Medal to the applicant's DD Form 214 dated 30 March 1980.

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 adding the Bronze Star Medal, with one oak leaf cluster, and the Army Commendation Medal, with three oak leaf clusters, to the applicant's DD Form 214, with an effective date of 30 March 1980.  

		___Raymond V. O’Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090748	
SUFFIX		
RECON		
DATE BOARDED	20040129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  60	107.0014	
3.  66	107.0020	
4.		
5.		
6.