RECORD OF PROCEEDINGS


	IN THE CASE OF:	  .


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060014155 


	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. Gerard W. Schwartz

Acting Director

Mr. Luis Almodova

Senior Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright 

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Ernestine Fields

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 he be awarded the Vietnam Service Medal and any other award related to his service in Vietnam to which he may be entitled.  The applicant also requests, in effect, that his record be corrected to show his correct military occupational specialty (MOS).

2.  The applicant states, in effect, that he was stationed in Vietnam with Battery C, 2nd Battalion, 19th Artillery, 1st Cavalry Division.  He had no training as a missile crewman and he was in fact with the field artillery.

3.  The applicant adds that he is trying to obtain compensation for injuries incurred as a result of his service in Vietnam and requires his discharge to reflect the actual facts of his service.  Beyond, this, he earned those medals and would like the record to reflect that he was there and served his country.

4.  In support of his request, the applicant provides a copy of his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge, annotated to show the corrections he would like to have made, and a copy of his DA Form 20, Enlisted Qualification Record.

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s military records show that he enlisted in the Regular Army on 6 March 1963.  He completed his basic combat training at Fort Leonard Wood, Missouri, and his advanced individual training at Fort Sill, Oklahoma.  After completing all required training, he was awarded the military occupational specialty (MOS), 140 (Field Artillery Basic).  The applicant's MOS was later, on an undetermined date, converted to the MOS 13A.

2.  The applicant volunteered for and successfully completed Basic Airborne Training and was awarded the Parachutist Badge on 30 August 1963.

3.  The applicant was assigned to Vietnam and he arrived there on 16 August 1965.  He was assigned to Battery C, 2nd Battalion, 19th Artillery Regiment, 1st Cavalry Division.  The applicant served in Vietnam until 31 December 1965 when he was authorized to depart Vietnam on emergency leave due to the serious illness of his father.  There is no evidence to show that the applicant returned to Vietnam before he was released from active duty on 21 February 1966.

4.  The applicant was released from active duty on 21 February 1966 under the provisions of Army Regulation (AR) 635-205, paragraph 7 (Early Separation of Overseas Returnee), in the rank and pay grade of Private, E-2, with 2 years, 11 months, and 16 days active military service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was awarded:  the Parachutist Badge, the Armed Forces Expeditionary Medal, and the United Nations Service Medal.  No other awards, to include awards related to his Vietnam service, are shown.

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

7.  While in Vietnam, the applicant participated in the following two campaigns:  the Vietnam Defense Campaign, which extended from 8 March through 24 December 1965; and the Vietnam Counteroffensive, which extended from 25 December 1965 through 30 June 1966.

8.  Item 25a. (Specialty Number and Title), of the applicant's DD Form 214 shows the MOS, "16B20 HERS MSL CRWMN."  The applicant contends this was not his MOS and stated in his application, ". . . . I was in fact with the Field Artillery."

9.  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.

10.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, Battery C, 2nd Battalion, 19th Infantry Regiment, 1st Cavalry Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 9 August 1965 through 19 May 1969, by Department of the Army General Order (DAGO) Number 59, dated 1969 and the Presidential Unit Citation, for the period 23 October through 26 November 1965, by DAGO 40, dated 1967.  These unit awards are not shown on his DD Form 214.

11.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-1 Rifle] in Special Orders Number 85, Paragraph 13, published by Headquarters, 3rd Training Regiment, US Army Training Center, Engineer, Fort Leonard Wood, Missouri, on 17 April 1963.  This badge is not shown on the applicant's DD Form 214.

12.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and from 11 September 2001 to a date to be determined.  The applicant served on active duty during one of the qualifying periods for award of the National Defense Service Medal.  His DD Form 214 does not show his entitlement to the National Defense Service Medal.

14.  AR 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months (emphasis added) or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the Republic of Vietnam from 16 August 1965 until 31 December 1965 as a member of Battery C, 2nd Battalion, 19th Artillery Regiment, 1st Cavalry Division.  During this period of service, he participated in two campaigns of the Vietnam War.  Based on this 

service, he is therefore entitled to award of the Vietnam Service Medal, with two bronze service stars, and to have this award added to his DD Form 214.

2.  The evidence shows the applicant served honorably on active duty during one of the periods for which the National Defense Service Medal was authorized for award.  He is therefore entitled to this award and to have it added to his DD Form 214.

3.  The applicant was allowed to depart from Vietnam on emergency leave before he completed six months service in Vietnam.  He did not meet the criteria for award of the Republic of Vietnam Campaign Medal and is therefore not entitled to this award and to have it added to his DD Form 214.  Since the applicant did not specifically request award of the Republic of Campaign Medal, per se, it will not be discussed further in this Record of Proceedings.

4.  The applicant served in a unit at the time that it was cited for award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  He is therefore entitled to these unit awards and to have them added to his DD Form 214.

5.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar [M-1 Rifle], while he served on active duty.  This badge is not shown on his DD Form 214.  He is entitled to have this badge added to his DD Form 214.

6.  The evidence supports the applicant's contention he was a Field Artilleryman and not an Air Defense Artilleryman.  He was awarded an MOS initially of "140" which was later converted to the MOS "13A."  The applicant is entitled to a correction to Item 25a, of his DD Form 214, to show the correct MOS in which he served.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 February 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 20 February 1969.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence and argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__KLW__  __LD ___  __E.F.___  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 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.  deleting the MOS 16B20 - HERS MSL CRWMN from Item 25 a. of the applicant's DD Form 214;

	b.  entering the MOS 13A1P – Field Artillery Basic, in Item 25 a., of the applicant's DD Form 214;

	c.  adding the already-awarded Sharpshooter Marksmanship Qualification Badge, with Rifle Bar, to the applicant's DD Form 214;

d.  awarding the applicant the Vietnam Service Medal, with two bronze service stars, and the National Defense Service Medal, and adding these awards to his DD Form 214; and 

e.  awarding the applicant the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these unit awards to his DD Form 214.




_____Kenneth Wright ____
          CHAIRPERSON




INDEX

CASE ID
AR20060014155
SUFFIX

RECON

DATE BOARDED
20070410
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
107.0073
3.
107.0088
4.
107.0094
5.
107.0069
6.