RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20060008403 


	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.



Director


Analyst



The following members, a quorum, were present:



Chairperson


Member


Member

	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 Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) be corrected to show the Army Good Conduct Medal (AGCM), Vietnam Service Medal with 3 bronze service stars (VSM w/3bss), Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Rifle Bars, Marksman Marksmanship Qualification Badge with Machinegun Bar, Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, Republic of Vietnam Campaign Medal (RVNCM) with Device 1960, Presidential Unit Citation(PUC), Meritorious Unit Commendation (MUC), Valorous Unit Award (VUA) and any other awards to which he may be entitled.

2.  The applicant states, in effect, that some awards were left off of his separation document when he was reassigned from Vietnam and the Army.

3.  The applicant provides the following documents in support of his application:  DD Form 214; National Personnel Records Center (NPRC) Letter, dated 2 June 2006; Headquarters, United States Army Training Center (USATC), Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders (SO) Number(#) 226, dated 17 September 1969; Headquarters, 1st Cavalry Division (Airmobile) SO # 72, dated 13 March 1970; Headquarters, 1st Cavalry Division (Airmobile) General Orders (GO) # 17725, dated 1 October 1970, Headquarters, 1st Cavalry Divison GO # 18141, dated 8 October 1970; Headquarters, 1st Cavalry Division GO # 9545, dated 4 June 1970; Headquarters, USATC, Infantry, and Ft Polk SO # 235, dated 26 September 1969; and Enlisted Qualification Record (DA Form 20).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on date 10 November 1970.  The application submitted in this case is dated 6 July 2006.

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 limitations 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 record shows he was inducted into the Army of the United States and entered active duty on 30 April 1969.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman).

4.  The applicant’s DA Form 20 shows he served in the Republic of Vietnam (RVN) from 4 November 1969 through 1 December 1970.  Item 33 (Appointments and Reductions) shows he was promoted to specialist four (SP4) on 22 February 1970, and that this is the highest rank he held while serving on active duty.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his RVN tour, he was assigned to Company C, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division, from 3 December 1969 to 31 May 1970, and with Headquarters and Headquarters Company (HHC), 3rd Brigade, 1st Cavalry Division, from 1 June 1970 to 4 November 1970.  It also shows that he received “Excellent” conduct and efficiency ratings at all of his active duty assignments.  

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM); VSM; Combat Infantryman Badge (CIB), Air Medal (AM) with 1st Oak Leaf Cluster, Bronze Star Medal (BSM); Sharpshooter Qualification Badge with Rifle Bar, and the 2nd Class (currently known as Marksman) Marksmanship Qualification Badge with Machinegun Bar.

7.  The applicant's Military Personnel Records Jacket (MPRJ) contains the following orders issued by Headquarters, USATC, Infantry, and Ft Polk, which shows his qualifications with the weapons indicated:  SO# 147, dated 17 June 1969, Sharpshooter with the M-14 Rifle; SO# 150, dated 20 June 1969, Expert with the M-16 Rifle; SO# 226, dated 17 September 1969, Sharpshooter with the M-16 Automatic Rifle, and SO# 235, dated 26 Sep 1969, Marksman with the
M-60 Machinegun.

8.  The applicant’s Official Military Personnel File (OMPF) contains no derogatory information and there is no documented record of a disqualification from any of his active duty commanders that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

9.  On 10 November 1970, the applicant was honorably released from active duty (REFRAD) by reason of “Early Separation from Overseas” and transferred to the United States Army Reserve Control Group.  The separation document issued at the time shows he completed 1 years, 6 months, and 11 days of active military service.
10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant confirms that during his active duty tenure, he earned the Purple Heart (PH), CIB, BSM, AM with 1st Oak Leaf Cluster, NDSM, and VSM.  It also contains the following two entries that were listed incorrectly:  Vietnam Campaign Medal and the Sharpshooter M14.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 contain guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns.  It shows that during his tenure of assignment in the RVN, campaign credit was granted for the Vietnam Winter Spring, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

12.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

13.  Paragraph 9-19 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960).  It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam Conflict.  It confirms during (1st Cavalry Division) earned the VUA, RVNGC with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  This publication confirms that neither of his units earned the PUC or MUC, or any other unit awards during his tenure of assignment.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to awards not currently reflected on his separation document has been carefully considered and found to have partial merit.

2.  The evidence of record confirms that the entries Vietnam Campaign Medal and Sharpshooter 14 were incorrectly listed in Item 24 of the applicant’s 
DD Form 214.  Therefore these entries should be corrected at this time to read Republic of Vietnam Campaign Medal with Device 1960 and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

3.  The applicant's record also shows he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 30 April 1969 to 10 November 1970.

4.  The evidence of record also confirms the applicant earned the following awards that were not included in Item 24 of his DD Form 214, as evidenced by entries in Item 41 of his DA Form 2-1 and orders on file in his MPRJ:  Expert 
Marksmanship Qualification Badge with Rifle (M-16) Bar; Sharpshooter Qualification Badge with Automatic Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar.  Therefore, it would be appropriate to add these marksmanship badges to the list of awards contained in Item 24 of his separation document at this time.

5.  The evidence of record also shows that based on RVN service and campaign participation, the applicant is also entitled to the VUA, RVNGC with Palm Unit Citation, RVN Civil Action Honor Medal First Class Unit Citation, and 3 bronze service stars with his VSM.  Thus, it would also be appropriate to add these awards to his record and separation document at this time.  

6.  The evidence confirms the applicant’s RVN units did not receive the PUC or MUC during his tenure of assignment.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JCR _  ___DKH_  __RDG  _  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 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 awarding him his first Army Good Conduct Medal, for his period of qualifying honorable active duty service from 30 April 1969 to 
10 November 1970; by amending Item 24 of his DD Form 214 by deleting the entries Vietnam Campaign Medal and Sharpshooter M-14 and adding the Army Good Conduct Medal, Republic of Vietnam Campaign Medal with Device 1960, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Automatic Rifle Bars, Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar, and 3 bronze service stars with his Vietnam Service Medal; and by providing him a correction to his separation document that includes these awards.

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 the Presidential Unit Citation, and Meritorious Unit Commendation.




_____Jeffrey C. Redmann  __
          CHAIRPERSON




INDEX

CASE ID
AR2006008403
SUFFIX

RECON
NO
DATE BOARDED
2007/02/08
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1970/11/10
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Early Sep of Overseas Returnee
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
Mr. Chun 
ISSUES         1.
107.0000
2.

3.

4.

5.

6.