IN THE CASE OF:	  

		BOARD DATE:	        19 MARCH 2009

		DOCKET NUMBER:  AR20080017404 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service in Vietnam and all awards and decorations that he is entitled to.

2.  The applicant essentially states that his DD Form 214 is missing awards and decorations that he is entitled to, and that it should show his service in Vietnam.

3.  The applicant provides his DD Form 214 in support of this application.

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 records show that he enlisted in the Regular Army on 20 January 1969.  He completed basic and advanced individual training and was awarded military occupational specialty 12A (Pioneer).  He departed for the Republic of Vietnam on 24 June 1969, and served with Company E, 65th Engineer Battalion, 25th Infantry Division.  While in Vietnam, the applicant accepted nonjudicial punishment under Article 15 of the Uniform Code of Military Justice on four occasions.  His offenses included failing to go at the time prescribed to his appointed place of duty, dereliction in the performance of his duties, sleeping at his guard post, and wrongfully possessing 2 grams, more or less, of marijuana.  On 17 February 1970, a bar to reenlistment was approved on him.  He returned to the continental United States on 12 March 1970, and he was discharged under the provisions of Army Regulation 635-212 for unsuitability with an under honorable conditions discharge on 13 March 1970.  The DD Form 214 he was issued at the time of his discharge shows that he was awarded the National Defense Service Medal.  Item 30 (Remarks) of this document also contains an entry showing he served in the Republic of Vietnam from 24 June 1969 to 12 March 1970.

3.  The applicant served in Vietnam from 24 June 1969 to 12 March 1970, but his DD Form 214 does not show that he was awarded the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with 1960 Device.  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 the applicant's tour in Vietnam, he participated in the Vietnam Summer-Fall 1969 campaign and the Vietnam Winter-Spring 1970 campaign.

4.  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 Company E, 65th Engineer Battalion, the company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 55, dated 1971.  It also shows that at the time of the applicant's assignment to the 65th Engineer Battalion, the battalion, less Company D, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

5.  The applicant's DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with M-16 Rifle Bar or the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, but he was awarded the Expert Marksmanship Qualification Badge with M-16 Rifle Bar by Headquarters, U.S. Army Training Center (Engineer) and Fort Leonard Wood, Fort Leonard Wood, Missouri Special Orders Number 154, dated 3 June 1969.  He was also awarded the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar by Headquarters, United States Army Training Center (Infantry), Fort Bragg, North Carolina Special Orders Number 65, dated 6 March 1969.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided that Item 30 of the DD Form 214 would be used to complete entries that were too long for their respective blocks.  It also provided that an entry would be entered in the remarks section of the DD Form 214 to indicate inclusive dates of service in Vietnam.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This regulation also provides, in pertinent part, that the Republic of Vietnam Campaign Medal with 1960 Device 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.

8.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Vietnam and all awards and decorations that he is entitled to.

2.  While the applicant essentially requested that his service in Vietnam be shown on his DD Form 214, this document already contains an entry in item 30 showing that he served in the Vietnam from 24 June 1969 to 12 March 1970 in accordance with regulatory guidance.  

3.  The applicant participated in two campaigns during his service in Vietnam from 24 June 1969 to 12 March 1970, but his DD Form 214 does not show that he was awarded the Vietnam Service Medal with two bronze service stars or the 

Republic of Vietnam Campaign Medal with 1960 Device.  Therefore, he is entitled to award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with 1960 Device, and correction of his military records to show these awards.

4.  General Orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Company E, 65th Engineer Battalion while the applicant was assigned to this company.  General Orders also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 65th Engineer Battalion, less Company D, while the applicant was assigned to Company E of this battalion.  Therefore, he is entitled to award of 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.

5.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with M-16 Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, but they are not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with M-16 Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.

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 adding the following awards to his DD Form 214:  the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with 1960 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, 

and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; the Expert Marksmanship Qualification Badge with M-16 Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.

      
      
      
      _______ _ XXX  _______   ___
               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)                                         AR20080017404



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ABCMR Record of Proceedings (cont)                                         AR20080017404



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