IN THE CASE OF:	

		BOARD DATE:	  16 December 2008

		DOCKET NUMBER:  AR20080012902 


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, in effect, that item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding all awards and decorations that his unit earned while in the Republic of Vietnam along with the Army Good Conduct Medal and Vietnam Service Medal.  He also requests that the awards listed on his DD Form 214 be deleted and added in an acceptable format and abbreviation.

2.  The applicant states, in effect, that his DD Form 214 needs to be redone because his awards are joined together and some were left off his DD Form 214 upon leaving the Republic of Vietnam.  He also states he would like to know what does "VCOPV" means.

3.  The applicant provides a copy of his DD Form 214 and 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's military personnel record shows he was inducted into the Army of the United States on 29 February 1968.  He completed the necessary training and was awarded the military occupational specialty 13A (Field Artillery Basic).

3.  He served as a student with Battery B, 6th Battalion, 11th Artillery, 11th Light Infantry Brigade (LIB), in the Republic of Vietnam during the period 7 September 1968 to 4 January 1969.

4.  He was a patient at Camp Zama, Japan, during the period 5 January 1969 to 19 January 1969.

5.  He then returned to the Republic of Vietnam and served with Battery B, 6th Battalion, 11th Artillery, 11th LIB, and Headquarters and Headquarters Service (HHS) Battery, 6th Battalion, 11th Artillery, 11th LIB during the period 2 February 1969 to 24 August 1969.

6.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri, on 28 February 1970.  He completed 2 years of active service.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that the applicant received excellent conduct and efficiency ratings throughout his assignments.

8.  The applicant's DD Form 214 in item 24 shows the entry "NDSM PH RVNCM W/Dev60, BSM VCOPV, OS BARS (2) RVN, EXP QUAL BAD."

9.  Item 41 of the applicant's DA Form 20 shows that the applicant was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Purple Heart, Bronze Star Medal, and two Overseas Service Bars.

10.  Special Orders Number 93 dated 17 April 1968 shows that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  The applicant's record does not contain any special orders for the Expert Marksmanship Qualification Badge.
11.  A review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the service member was discharged, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the Good Conduct Medal.  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.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

14.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show the Vietnam Service Medal or any bronze service stars indicating campaign credits.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969); and Vietnam Summer-Fall, 1969 (9 June 1969 to 31 October 1969) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 24 of his DD Form 214 should be corrected by adding by adding all awards and decorations that his unit earned while in the Republic of Vietnam along with the Army Good Conduct Medal and Vietnam Service Medal.  He also requests that the awards listed on his DD Form 214 be deleted and added in an acceptable format and abbreviation.

2.  The evidence shows that the applicant was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Purple Heart, Bronze Star Medal, two Overseas Service Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-14).  Therefore, he is entitled to correction of his records to show these awards in item 24 of his DD Form 214.
3.  Records show he is entitled to the first award of the Army Good Conduct Medal for the period 29 February 1968 to 28 February 1970 based on completion of a period of qualifying service with the termination of a period of Federal military service.  He received conduct and efficiency ratings of "excellent" throughout his service.  Therefore he is entitled to correction of his records to show this award in item 24 of his DD Form 214.

4.  The evidence shows the applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award in item 24 of his DD Form 214.

5.  Evidence shows that the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.

6.  Because the awards listed on the applicant's DD Form 214 are virtually unreadable, it would be appropriate to now issue him a new DD Form 214 with all of his awards and decorations.

7.  The applicant is advised that "VCOPV" stands for Vietnam Counteroffensive Phase V.

BOARD VOTE:

___X____  ___X____  __X____  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.  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 29 February 1968 to 28 February 1970;

   b.  deleting all awards from his DD Form 214; and
   c.  issuing him an amended DD Form 214 which lists the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with three bronze service stars, Purple Heart, Bronze Star Medal, two Overseas Service Bars, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Army Good Conduct Medal for the period 29 February 1968 to 28 February 1970, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




      ___________X______________
                 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)                                         AR20080012902



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ABCMR Record of Proceedings (cont)                                         AR20080012902



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