RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  10 March 2007
	DOCKET NUMBER:  AR20060014912 


	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.


x

	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 fourth letter of his first name on his report of separation (DD Form 214) be corrected to reflect an “M” instead of an “H”, that his service in Vietnam be changed to reflect “20 March 1968 to
26 March 1969”, that he be awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC w/Palm) (3rd Award), the Republic of Vietnam Civil Actions Honor Medal - First Class (RVNCAHM-FC) Unit Citation, one silver service star for wear on his already-awarded Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVNCM) with 1960 device, the Good Conduct Medal (GCMDL), one service stripe (hash mark), and four overseas service bars. 

2.  The applicant states that his DD Form 214 incorrectly reflects an “H” in the fourth letter of his first name and should reflect an “M”.  He also states that he served in Vietnam from 20 March 1968 to 26 March 1969 and his DD Form 214 incorrectly reflects 20 March 1968 to 26 June 1968.  He also states that he is entitled to awards of the RVNGC w/Palm Unit Citation (3rd award), the RVNCAHM-FC Unit Citation, one silver service star for wear on his already-awarded VSM, the RVNCM with 1960 device, one service stripe, and four overseas service bars.     

3.  The applicant provides a blurred photocopy of his DD Form 214 in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 14 October 1970.  The application submitted in this case is dated 10 October 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 enlisted in the Regular Army at Fort Hamilton, New York on 5 October 1967 for a period of 3 years.  He completed his basic combat training at Fort Jackson, South Carolina and his advanced individual training (AIT) at Fort Polk, Louisiana.  Upon completion of his AIT he was transferred to Vietnam on 20 March 1968 and was assigned to Company B, 1st Battalion, 501st Infantry Regiment for duty as a rifleman.  He was advanced to the pay grade of E-3 on 20 March 1968. 

4.  On 27 June 1968, he was reassigned to the 137th Ordnance Company in Okinawa.  The special instructions in his orders indicate that he had a family member in Vietnam.  His orders also indicate that he completed 3 months of a 12 month tour.

5.  On 25 July 1968, nonjudicial punishment (NJP) was imposed against the applicant for disobeying a lawful order from a superior commissioned officer.  His punishment consisted of a reduction to the pay grade of E-2 (suspended for 60 days), a forfeiture of pay, extra duty, and restriction.  The suspended punishment was subsequently vacated.

6.  On 16 December 1968, NJP was imposed against him for lying down on his guard (sentinel) post.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty, and restriction.

7.  On 24 December 1968, NJP was imposed against him for failure to go to his place of duty and breaking restriction.  His punishment consisted of a forfeiture of pay, extra duty, and restriction.

8.  On 12 May 1969, NJP was imposed against him for breaking restriction.  His punishment consisted of a reduction to the pay grade of E-1, extra duty, and restriction.

9.  He departed Okinawa on 3 August 1969 and his conduct was rated as “Good.”  He was transferred to Fort Benning, Georgia, for assignment to Company A, 1st Battalion, 58th Infantry Regiment.

10.  On 30 October 1969, NJP was imposed against him for failure to go to his place of duty.  His punishment consisted of a forfeiture of pay.

11.  On 7 January 1970, NJP was imposed against him for two specifications of failure to go to his place of duty and for breaking restriction.  His punishment consisted of a reduction to the pay grade of E-2 and a forfeiture of pay.

12.  On 9 January 1970, he departed Fort Benning en route to Germany.  His conduct was rated as “Satisfactory.”  He arrived in Germany on 4 February 1970 and was assigned to the 36th Infantry Regiment in Friedberg.        

13.  On 30 April 1970, he was convicted by a summary court-martial of failure to go to his place of duty (guard post #8) and for striking a superior noncommissioned officer on the chin with his fist.  He was sentenced to a forfeiture of pay and restriction for 60 days.    

14.  On 7 July 1970, he was convicted by a special court-martial of disobeying a lawful order from a superior commissioned officer to report to his place of duty.  He was sentenced to be reduced to the pay grade of E-1, to perform hard labor without confinement for 3 months, and a forfeiture of pay.   

15.  On 13 July 1970, NJP was imposed against him for failure to go to his place of duty.  His punishment consisted of a forfeiture of pay. 

16.  He departed Germany on 5 October 1970 and his conduct and efficiency were rated as “Fair.”  He was transferred to Fort Dix, New Jersey, where he was honorably released from active duty (REFRAD) on 14 October 1970, due to the expiration of his term of service (ETS).  His DD Form 214 issued at the time of his REFRAD shows that the fourth digit of his first name contains an “M”, that he was awarded the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and that he served in Vietnam from 20 March 1968 to 26 June 1968.

17.  Army Regulation 672-5-1, in effect at the time, 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" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.  Conviction by
court-martial terminates a period of qualifying service; a new period begins the following day after completion of the sentence imposed by the court-martial.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam 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 or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and 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 to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

19.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

20.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

21.  Paragraph 6 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

22.  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 shows the unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April to 15 August 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969.  His unit was also awarded the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation for the period of 18 March 1968 to 2 May 1970 by DAGO 8, dated 1974.  Additionally, the applicant participated in two campaigns while serving in Vietnam.

23.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the wear of service stripes.  It provides, in pertinent part, that one service stripe is authorized for wear on the right sleeve of the dress green (class A) uniform for every three years of service completed.  Service stripes are not authorized for entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to reflect an “M” in the fourth character of his first name has been noted and found to lack merit.  The applicant’s DD Form 214 already contains an “M” in the fourth character of his first name.  The copy of the DD Form 214 provided by the applicant is a poorly reproduced copy that could easily be interpreted as having an “H” in the fourth character; however, his name is correctly spelled on the record copy of the DD Form 214 contained in his official records.  

2.  The applicant’s contention that his records should be corrected to reflect that he was assigned to Vietnam from March 1968 to March 1969 and that he should be awarded the RVNCM with 1960 device has been noted and found to be without merit.  The evidence of record clearly shows that he served only 3 months in Vietnam before being transferred to Okinawa.  His records of NJP while assigned to Okinawa alone are sufficient to establish his presence in Okinawa during the period in question and he did not serve the minimum           6-month period in Vietnam required for award of the RVNCM. 

3.  Likewise, the applicant’s contention that his records should reflect the award of four overseas service bars has been noted and found to lack merit.  An overseas service bar is authorized for each 6-month period served in a combat zone.  The applicant only served 3 months in Vietnam and therefore is not authorized to be awarded an overseas service bar.

4.  The applicant’s contention that he is authorized to be awarded the GCMDL has been noted and found to lack merit.  While the applicant had multiple incidents in which NJP was imposed against him and his conduct and efficiency ratings were below the level required for award of the GCMDL, the applicant was twice convicted by courts-martial and each time his GCMDL period was restarted following completion of the punishment imposed.  Accordingly, he was not authorized to be awarded the GCMDL during the period he served.
5.  The applicant’s contention that his service stripe should be entered on his DD Form 214 has been noted and found to lack merit.  While he was authorized one service stripe for his 3 years of service, service stripes are not authorized for entry on the DD Form 214.

6.  The applicant’s contentions that he should be authorized three awards of the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and one silver service star for campaign participation has been noted and found to have some merit.  The applicant’s unit was subsequently awarded one award of the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation during the period he was assigned to the unit and he participated in two campaigns during his            3 months in Vietnam.  Therefore, he is entitled to be awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and two bronze service stars for wear on his already-awarded VSM.   

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 October 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 13 October 1973.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x  __  __x ___  _x ___  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 the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and two bronze service stars for wear on his already-awarded VSM.  

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 correction of the spelling of his first name; the period of his assignment to Vietnam; the addition of service stripes to his DD Form 214; and the awards of the GCMDL, overseas service bars, and the RVNCM.  




____x_______
          CHAIRPERSON




INDEX

CASE ID
AR20060014912
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070410
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

ISSUES         1.110.0000
189/CORR 214
2.107.0000
46/DE
3.

4.

5.

6.