IN THE CASE OF:	 

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080007232 


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 that the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); that the dates of his service in Vietnam be listed correctly on his DD Form 214; and that his participation in Operation Dewey Canyon II/Lam Son 719 be added to his DD Form 214.  He also requests replacement medals as he does not have any of his awards.  

2.  The applicant states that he recently found out that the 854th Transportation Company received a MUC for the period 1 November 1969 through 31 May 1970.  During that time, his records show that he was a 63K20 Heavy Equipment Repairman; however, while in Vietnam he served as a truck driver.  He worked pulling security and was told that their military occupational specialty (MOS) would be that of infantry due to the type of work they were doing.  Also, his records show that during that time he worked as a 57H20 Winch Operator; however, he never worked in that MOS.  The dates of this tour in Vietnam are correct on his DD Form 214.

3.  The applicant states that during his second tour in Vietnam he was assigned to the 528th Quartermaster Company.  He was there from 19 November 1970 to 11 July 1971, but the dates are incorrect on his DD Form 214.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant provides his DD Form 214; an extract from Department of the Army Pamphlet 672-3; and a copy of his DA Form 20 (Enlisted Qualification Record).

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 enlisted in the Regular Army on 19 July 1968.  He completed basic combat training and advanced individual training and was awarded MOS 63K (Quartermaster Heavy Equipment Repairer).

3.  The applicant arrived in Vietnam on or about 30 April 1969 and was assigned to the 854th Transportation Company on 4 May 1969.  Item 38 (Record of Assignments) of his DA Form 20 shows he performed duties in MOS 63K20 as a Quartermaster Heavy (Equipment) Repairman and in MOS 57H20 as a Winch Operator.  He departed Vietnam on or about 7 April 1970 after being credited with participation in three campaigns.

4.  The applicant returned to Vietnam on 17 November 1970 (per Headquarters, U. S. Army, Vietnam, Transient Detachment Special Orders Number 321, dated 17 November 1970) and was assigned to the 528th Quartermaster Company on 19 November 1970.  Item 38 of his DA Form 20 shows he performed duties in MOS 63K20 as a Quartermaster Heavy Equipment Repairman.  He departed Vietnam on or about 11 July 1971 after being credited with participation in two campaigns.

5.  On 12 July 1971, the applicant was honorably released from active duty, in the rank and grade of Specialist Four, E-4, after completing 2 years, 11 months, and 24 days of creditable active service with no lost time.

6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), two overseas bars, the Marksman Marksmanship Qualification Badge (Rifle M-14), and the Expert Marksmanship Qualification Badge (Rifle M-16).

7.  Item 30 (Remarks) of the applicant’s DD Form 214 shows he served in Vietnam from “15 Apr 70-11 Jul 71” and from “7 Apr 70-30 Apr 69.”

8.  The applicant’s records contain no derogatory information.  His DA Form      20 shows his conduct and efficiency were rated as “excellent” throughout his enlistment.

9.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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.

11.  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 that, at the time of the applicant's assignment to the 854th Transportation Company, it was cited for award of the MUC for the period 1 November 1969 through 31 May 1970 by Department of the Army General Orders Number 48, dated 1971.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 528th Quartermaster Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by Department of the Army General Orders Number 6, dated 1974.

13.  At the time, Army Regulation 600-200, chapter 9, prescribed instructions for preparing and maintaining the DA Form 20.  In pertinent part, it stated the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U. S. Army Reserve troop program units.

14.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested that the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214.

2.  Department of the Army Pamphlet 672-3 verifies that the 854th Transportation Company was awarded the MUC during a period the applicant was assigned to that unit.  It also verifies that the 528th Quartermaster Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period of time he was assigned to that unit.  These two unit awards should be added to his DD Form 214.

3.  In addition, the applicant was credited with participation in five campaigns.  Therefore, he is eligible to wear one silver service star on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.

4.  Further, it appears the applicant was honorably separated after completing almost 3 years of creditable active service with no lost time, there is no derogatory information in his records, and his conduct and efficiency were rated as ”excellent” throughout his enlistment.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

5.  The applicant stated that the dates of his service in Vietnam are incorrectly listed on his DD Form 214.  

6.  The evidence of record shows that the applicant served his first tour in Vietnam from on or about 30 April 1969 through on or about 7 April 1969.  His DD Form 214 shows he served in Vietnam from “7 Apr 70-30 Apr 69.”  This is an obvious administrative error, and his DD Form 214 should be corrected to show he served in Vietnam from “30 April 1969 – 7 April 1970.”

7.  The evidence of record shows that the applicant served his second tour in Vietnam from 17 (not 19) November 1970 through on or about 11 July 1971.  His DD Form 214 shows he served in Vietnam from “15 Apr 70-11 Jul 71.” His DD Form 214 should be corrected to show he also served in Vietnam from             “17 November 1970 – 11 July 1971.”

8.  The applicant requested that his participation in Operation Dewey Canyon II/Lam Son 719 be added to his DD Form 214.  Individual combat operations were not authorized entries on the DD Form 214 or on the DA Form 20.  Therefore, there is no basis for granting this request.

9.  The applicant also implied that his DA Form 20 should be corrected to show that he did not serve as a 63K20 Heavy Equipment Repairman or 57H20 Winch Operator during his first tour in Vietnam.  However, the DA Form 20 was prepared and maintained for Active Army and U. S. Army Reserve enlisted personnel.  As the applicant no longer has a military status, there is a reluctance to recommend that those records be changed.  The DD Form 214 is the document used to record the military history of a separated individual.

10.  The applicant also requests replacement medals as he does not have any of his awards.  As an exception to policy, he should be issued those awards currently listed on his DD Form 214 in addition to the new awards that will be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____XX____  ___XX_____  _XX_______  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 first award of the Army Good Conduct Medal for the period 19 July 1968 through 12 July 1971; 

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is eligible to wear one silver service star on his already-awarded Vietnam Service Medal;

     c.  authorizing the issuance of all awards currently listed on his DD Form 214 and those that are to be added to his DD Form 214; 

     d.  deleting the entry, “VN Service:  15 Apr 70-11 Jul 71 [/] 7 Apr 70-30 Apr 69” from item 30 of his DD Form 214; and

     e.  adding the entry, “Vietnam Service:  30 April 1969 – 7 April 1970 and      17 November 1970 – 11 July 1971.”

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 adding his participation in Operation Dewey Canyon II/Lam Son 719 to his DD Form 214.  




      _______XXXX_   _______   ___
               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.

ABCMR Record of Proceedings (cont)                                         AR20080007232



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ABCMR Record of Proceedings (cont)                                         AR20080007232



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