IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150015448 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ____x___ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150015448 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. deleting the following awards from his DD Form 214 for the period ending 26 January 1973: * Air Medal * Army Commendation Medal * Vietnam Service Medal * Parachutist Badge b. adding the following awards to his DD Form 214 for the period ending 26 January 1973: * Purple Heart * Air Medal (2nd Award) * Army Commendation Medal (3rd Award) * Vietnam Service Medal with three bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * German Army Marksmanship Badge (Bronze Schützenschnur) 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 amendment of a National Personnel Records Center letter, dated 5 February 2007, or adding award of the Pershing Professional Badge to his DD Form 214 for the period ending 26 January 1973. _____________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. IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150015448 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, in effect: a. removal of the Parachutist Badge from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 January 1973; b. amendment of the National Personnel Records Center letter, dated 5 February 2007, by removing the entry "with Berlin Airlift device"; and c. correction of his DD Form 214 for the period ending 26 January 1973 to show award of the: * Purple Heart * two Air Medals * three Army Commendation Medals * Pershing Professional Badge * German Schützenschnur Marksman Badge (properly known as the German Army Marksmanship Badge (Bronze Schüzenschnur) 2. The applicant states there are errors and omissions on his DD Form 214. 3. The applicant provides: * two applications * self-authored letter, dated 3 September 2015 * letter from the National Personnel Records Center, dated 5 February 2007 * two Air Medal orders * three Army Commendation Medal orders * German Army Marksmanship Badge (Bronze Schüzenschnur) Certificate * Pershing Professional Badge order 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 3 March 1969. He served in Berlin and he was honorably discharged for immediate enlistment in the Regular Army on 1 February 1970. His DD Form 214 for the period ending 1 February 1970 shows he was awarded or authorized the National Defense Service Medal and Army of Occupation Medal (Berlin). 3. He enlisted in the Regular Army on 2 February 1970 for a period of 3 years. He arrived in Vietnam on 13 April 1970. He was assigned to Company B, 6th Battalion, 31st Infantry Regiment, in Vietnam from 11 May 1970 to 12 September 1970. 4. Headquarters, II Field Force Vietnam, General Orders Number 3650, dated 9 September 1970, awarded him the Air Medal for the period 25 April 1970 to 28 June 1970. 5. Headquarters, 3d Brigade, 9th Infantry Division, General Orders Number 103, dated 10 September 1970, awarded him the Purple Heart for wounds received in action on 27 August 1970. 6. He was assigned to Company B, 2d Battalion, 14th Infantry Regiment, 25th Infantry Division, in Vietnam from 13 September 1970 to 15 November 1970. 7. Headquarters, 25th Infantry Division, General Orders Number 10275, dated 18 October 1970, awarded him the Army Commendation Medal for meritorious achievement during the period 1 August 1970 to 30 September 1970. 8. He was assigned to the following units in Vietnam: * Company C, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 16 November 1970 to 20 November 1970 * Company D, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 21 November 1970 to 10 March 20 November 1971 9. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 952, dated 16 January 1971, awarded him the Army Commendation Medal for meritorious service during the period April 1970 to January 1971. 10. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3051, dated 16 February 1971, awarded him the Army Commendation Medal for meritorious achievement during the period 25 November 1970 to 5 January 1971. 11. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3266, dated 19 February 1971, awarded him the Air Medal for the period September 1970 to February 1971. 12. He participated in three campaigns during his assignment in Vietnam. He departed Vietnam on 12 April 1971. 13. He provided a certificate showing he qualified for the German Army Marksmanship Badge (Bronze Schützenschnur) during the period 1-4 March 1972. 14. He provided Headquarters, 2d Battalion, 4th Infantry Regiment, Pershing Professional Badge Order Number 10-72, dated 17 July 1972, awarding and authorizing him to wear this badge. 15. On 26 January 1973, he was honorably released from active duty. 16. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Parachutist Badge. 17. His DD Form 214 for the period ending 26 January 1973 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Parachutist Badge * Combat Infantryman Badge * Army Commendation Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * two overseas service bars * Army Good Conduct Medal 18. There are no orders for the Parachutist Badge in his available records. 19. He provided a letter from the National Personnel Records Center, dated 5 February 2007, showing he was entitled to the following awards: * Purple Heart * Air Medal * Army Commendation Medal * Army Good Conduct Medal * Army of Occupation Medal with Berlin Airlift Device * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar * Parachutist Badge 20. He also provided a self-authored letter, dated 3 September 2015, stating: a. In 2007, he submitted a request to the National Personnel Records Center. His DD Form 214 reflects some awards that should not be shown and there are missing awards. b. He earned award of the Purple Heart, but it is not reflected on his DD Form 214. c. The Parachutist Badge is shown on his DD Form 214, but he did not earn the badge. He volunteered for parachute/jump school, but he never received orders and never attended. d. He earned the Army of Occupation Medal for his service in Berlin and it is properly shown on his DD Form 214 for the period ending 1 February 1970, but he should not have the Berlin Airlift Device. He was stationed in Berlin from August 1969 to February 1970, not during the airlift of 1949. e. The Air Medal is shown on his DD Form 214, but he earned two Air Medals. f. The Army Commendation Medal is shown on his DD Form 214, but he earned three Army Commendation Medals. g. He earned the Pershing Professional Badge and German Army Marksmanship Badge (Bronze Schützenschnur), but these badges are not reflected on his DD Form 214. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Award of the Army of Occupation Medal with Berlin Airlift Device is based on service which must have occurred entirely within the period 26 June 1948 to 30 September 1949. Award of the Berlin Airlift Device is announced in orders and requires 92 consecutive days with a unit credited with participation in the Berlin airlift. Those personnel not qualifying for award of the Berlin Airlift Device will be specifically announced in orders authorizing award of the Army of Occupation Medal. b. A bronze service star is worn on the Vietnam Service Medal for each credited campaign. c. Table D-1 (Foreign Badges) shows the German Army Marksmanship Badge. d. The Pershing Professional Badge is not an authorized award. 2. 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 6th Battalion, 31st Infantry Regiment, was awarded the: * Valorous Unit Award for actions during the period 5-12 May 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 29 July 1969 to 20 July 1970 by DAGO Number 55, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 to 20 July 1970 by DAGO Number 59, dated 1969 3. Department of the Army Pamphlet 672-3 also shows: a. 2d Battalion, 14th Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973. b. 5th Battalion, 7th Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 21 February 1970 to 28 February 1971 by DAGO Number 42, dated 1971. 4. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received. DISCUSSION: 1. There are no orders for the Parachutist Badge in the available records and the applicant contends he never attended the Airborne Course. 2. His DD Form 214 for the period 1 February 1970 properly shows award of the Army Occupation Medal for his service in Berlin and there is no evidence he met the criteria for award of the Army of Occupation Medal with Berlin Airlift Device. His request to amend the National Personnel Records Center letter, dated 5 February 2007, by removing the entry "with Berlin Airlift device" was noted. However, this letter is not an Army record/document and the National Personnel Records Center is not within the purview of this Board. 3. Orders show he was awarded the Purple Heart. His DD Form 214 for the period ending 26 January 1973 does not show this award. 4. His DD Form 214 for the period ending 26 January 1973 shows one Air Medal, but orders show he was awarded two Air Medals. 5. His DD Form 214 for the period ending 26 January 1973 shows one Army Commendation Medal, but orders show he was awarded three Army Commendation Medals. 6. The governing awards regulation does not authorize award of the Pershing Professional Badge. 7. The evidence of record shows he was awarded the German Army Marksmanship Badge (Bronze Schützenschnur). His DD Form 214 for the period ending 26 January 1973 does not show this badge. 7. He participated in three campaigns during his assignment in Vietnam which authorizes him award of the Vietnam Service Medal with three bronze service stars. His DD Form 214 for the period ending 26 January 1973 does not show these bronze service stars. 8. His Vietnam unit (6th Battalion, 31st Infantry Regiment) was awarded the Valorous Unit Award and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned. His DD Form 214 for the period ending 26 January 1973 does not show these unit awards. 9. His Vietnam units (6th Battalion, 31st Infantry Regiment; 2d Battalion, 14th Infantry Regiment; and 5th Battalion, 7th Cavalry Regiment) were awarded three Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period he was assigned. His DD Form 214 for the period ending 26 January 1973 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015448 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015448 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2