IN THE CASE OF:	  

		BOARD DATE:	       11 JUNE 2009

		DOCKET NUMBER:  AR20090002765 


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 items 5a (Grade, Rate or Rank) and 5b (Pay Grade) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show sergeant (SGT)/E-5 and that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show the Army Good Conduct Medal, a Certificate of Appreciation, a Certificate of Commendation, the Marksmanship Qualification Badge with M-79 Grenade Launcher Bar, and the Marksmanship Qualification Badge with M-60 Machinegun Bar.

2.  The applicant states that his discharge papers indicate his rank as SGT, that his records show perfect conduct but he was not awarded the Army Good Conduct Medal, and that he received a Certificate of Appreciation and Certificate of Commendation which are not shown on his DD Form 214.  He also contends that he received training and qualification in the M-79 Grenade Launcher and the M-60 Machine Gun which is not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, page four of his DA Form 20 (Enlisted Qualification Record), and a copy of lineage and honors for the 69th Signal Battalion in support of his 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 was inducted into the Army of the United States and entered active service on 10 January 1968.  He arrived in Vietnam on 30 August 1968.  He served as a communications center specialist assigned to Company A, 69th Signal Battalion in Vietnam from 3 September 1968 through 29 August 1969.  On 1 September 1969, the applicant was released from active duty in the rank/grade of specialist four (SP4)/E-4 after completing 1 year, 7 months, and 22 days of creditable active service with no time lost and transferred to the U. S. Army Reserve. 

3.  Item 24 of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.

4.  Company A, 69th Signal Battalion, Unit Orders 116, dated 19 November 1968, show the applicant was promoted to the rank of SP4.  Headquarters, U.S. Army Personnel Center, Oakland, CA, Special Orders Number 244, dated
1 September 1969, show the applicant's rank as SP4.

5.  There is no evidence of record which shows the applicant was ever promoted to SGT.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.

7.  There are no orders for the Marksmanship Qualification Badge with M-79 Grenade Launcher Bar or the Marksmanship Qualification Badge with M-60 Machinegun Bar in the available records.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
9.  Orders show the applicant received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).   

11.  Records show the applicant participated in four campaigns during his assignment in Vietnam.  

12.  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 applicant's unit is entitled to award of the Meritorious Unit Commendation for actions during the period 1 August 1968 to 
31 March 1969 based on Department of the Army General Orders Number 37, dated 1970.  His unit is also entitled to a second award of the Meritorious Unit Commendation for actions during the period 1 April 1969 to 28 February 1970 based on Department of the Army General Orders Number 51, dated 1971.

13.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

14.  Army Regulation 672-5-1 (Awards), 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 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

15.  Army Regulation 635-5 (Separation Documents) 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 that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

16.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The 
qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

17.  Army Regulation 600-8-22, 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, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his discharge papers indicate his rank is SGT was noted.  However, his release from active duty orders clearly show his rank as SP4.  Even if he had been promoted to SGT during the time he was in the     U. S. Army Reserve after being released from active duty, the evidence of record shows the applicant was a SP4 at the time of his separation on 1 September 1969 which is properly reflected in items 5a and 5b on his DD Form 214.  Therefore, there is insufficient evidence on which to amend items 5a and 5b on his DD Form 214. 

2.  The applicant was separated in the rank of SP4 with almost 20 months of creditable active service with no time lost.  The applicant also received "excellent" conduct and efficiency ratings throughout his service.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period from 10 January 1968 through 1 September 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his records to show this award.

3.  The governing regulation states that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.  Therefore, there is no basis for granting the applicant's requested relief on this issue.

4.  There is no evidence of record and the applicant did not provide any evidence which shows the applicant received any marksmanship qualification badge with M-79 Grenade Launcher Bar or with M-60 Machinegun Bar.  Therefore, there is insufficient evidence on which to award these marksmanship badges.

5.  Orders show the applicant received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these badges.

6.  The applicant participated in four campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with four bronze service stars.  Therefore, the applicant's records should be corrected to show these bronze service stars.

7.  The applicant’s unit was awarded two awards of the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show two awards of the Meritorious Unit Commendation.

8.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the first award of the Army Good Conduct Medal for the period from 10 January 1968 through 1 September 1969; and 
   c.  adding to item 24 of the applicant's DD Form 214 the Army Good Conduct Medal (first award), Vietnam Service Medal with four bronze service stars, two awards of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

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 amending items 5a or 5b on his DD Form 214, or amending his DD Form 214 to show a Certificate of Appreciation, a Certificate of Commendation, a marksmanship qualification badge with M-79 Grenade Launcher Bar, or a marksmanship qualification badge with M-60 Machinegun 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)                                         AR20090002765



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ABCMR Record of Proceedings (cont)                                         AR20090002765



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