RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2007
DOCKET NUMBER: AR20060009280
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.
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 his military records be corrected to show the award of the Presidential Unit Citation, the Valorous Unit Award, the Expert Marksmanship Qualification Badge, and the Sharpshooter Marksmanship Qualification Badge.
2. The applicant essentially states that these awards and badges are not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides his DD Form 214 and two pages of correspondence between the applicant and a veterans services office in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
15 June 1970, the date of his release from active duty. The application submitted in this case is dated 10 June 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 applicants failure to timely file.
3. The applicants records show that he enlisted in the Regular Army on
13 November 1968. He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 76Y (Unit Supply Specialist). He departed for the Republic of Vietnam on 16 June 1969, and initially served with the 625th Supply and Service Company. Although there is conflicting information in his military records as to the exact date his primary MOS was changed, it was changed to MOS 11B (Light Weapons Infantryman) at some point during his tour in Vietnam. He was reassigned to Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division on 19 October 1969. He was then reassigned to Company D of the same battalion on 22 November 1969. He returned to the continental United States on 15 June 1970, and was honorably released from active duty on that date. The DD Form 214 that was issued at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.
4. The applicant requested that his DD Form 214 be corrected to show the award of the Presidential Unit Citation and the Valorous Unit Award. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document does not show that the Presidential Unit Citation was awarded to any of his units in Vietnam while he was assigned to them. It does however show that at the time of his assignment to Company D, 1st Battalion, 7th Cavalry, it was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 43, dated 1972.
5. The applicant requested that his DD Form 214 be corrected to show an Expert Marksmanship Qualification Badge. The applicants DD Form 214 does not show that he was awarded an Expert Marksmanship Qualification Badge. However, he was awarded the Expert Marksmanship Qualification Badge with
M-16 Rifle Bar by Headquarters, United States Army Training Center (Infantry) and Fort Polk, Fort Polk, Louisiana Special Orders Number 042, dated
17 February 1969.
6. The applicant also requested that his DD Form 214 be corrected to show a Sharpshooter Marksmanship Qualification Badge. The applicants DD Form 214 does not show that he was awarded a Sharpshooter Marksmanship Qualification Badge. However, he was awarded the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar by Headquarters, United States Army Training Center (Armor), Fort Knox, Kentucky Special Orders Number 15, dated 15 January 1969.
7. During a review of the applicants records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.
8. The applicants records show that he served 1 year, 7 months, and 3 days of continuous enlisted active duty service from 13 November 1968 to 15 June 1970. However, his DD Form 214 does not show that he was awarded the Good Conduct Medal for this period of service. His conduct and efficiency ratings were rated as "excellent" or unknown for the entire period of this qualifying period of service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.
9. Department of the Army Pamphlet 672-3 also shows that at the time of his assignment to the 1st Cavalry Division, the division was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 51, dated 1971. This document further shows that while the applicant was assigned to the 1st Battalion, 7th Cavalry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972, as amended by Department of the Army General Orders Number 11, dated 1973. It was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 42, dated 1972.
10. The applicants DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit. Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal. It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Table B-1 contains a list of Vietnam campaigns, and it shows that during his tenure of assignment, the applicant was credited with participating in the Vietnam Summer-Fall 1969 campaign, the Vietnam Winter-Spring 1970 campaign, and the DA Sanctuary Counteroffensive campaign.
11. The applicants DD Form 214 also does not show that he was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar. However, he was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar by Headquarters, United States Army Training Center (Infantry) and Fort Polk, Fort Polk, Louisiana Special Orders Number 049, dated
26 February 1969.
12. Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicants active duty service, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" or unknown for the entire period of qualifying service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected to show the award of the Presidential Unit Citation, the Valorous Unit Award, the Expert Marksmanship Qualification Badge, and the Sharpshooter Marksmanship Qualification Badge.
2. Although the applicant contends his military records should be corrected to show the award of the Presidential Unit Citation, it was not awarded to any of his units in Vietnam while he was assigned to them. Therefore, there is no basis for granting relief to this portion of the applicants request.
3. General orders awarded the Valorous Unit Award to Company D, 1st Battalion, 7th Cavalry while the applicant was assigned to this unit. Therefore, he is entitled to award of the Valorous Unit Award, and correction of his military records to show this unit award.
4. Special orders awarded the applicant the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machinegun Bar which are not shown on his DD Form 214. Therefore, he is entitled to correction of his military records to show these marksmanship qualification badges.
5. The applicant served 1 year, 7 months, and 3 days of continuous enlisted active duty service from 13 November 1968 to 15 June 1970. His conduct and efficiency ratings were rated as "excellent" or unknown for the entire period of this qualifying period of service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal. Therefore, he is entitled to award of the Good Conduct Medal for the period 13 November 1968 to 15 June 1970, and correction of his military records to show the award of the Good Conduct Medal.
6. General orders awarded the Meritorious Unit Commendation to the 1st Cavalry Division while the applicant was assigned to this division. General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 1st Battalion, 7th Cavalry Regiment while the applicant was assigned to this unit. Therefore, he is entitled to award of the Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.
7. The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
8. Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 June 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
14 June 1973. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___MT __ ___JH___ __DL ___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;
b. awarding him the Good Conduct Medal for the period 13 November 1968 to 15 June 1970 while serving as a specialist four;
c. showing the award of the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with
M-14 Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machinegun Bar; and
d. showing three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
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 awarding the Presidential Unit Citation to the applicant.
______ Marla Troup_________
CHAIRPERSON
INDEX
CASE ID
AR20060009280
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
107.0031.0000
2.
107.0033.0000
3.
107.0034.0000
4.
107.0108.0000
5.
107.0109.0000
6.
107.0110.0000
7.
107.0056.0000
8.
107.0094.0000
9.
107.0095.0000
10.
107.0073.0000 (add bronze service stars)
11.
110.0400.0000
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