IN THE CASE OF:	  

		BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090005998 


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 record be corrected to show he  served in Germany and the Republic of Vietnam (RVN).  

2.  The applicant states, in effect, that he would like his record corrected for his family.  He also states that he would like the orders showing his overseas service.

3.  The applicant provides copies of no additional documentation 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 record shows he enlisted in the Regular Army on 
17 September 1964.

3.  General Orders Number 43, Headquarters, 54th Artillery Group, dated 
30 August 1967, awarded the applicant the Good Conduct Medal for the period of service from 17 September 1964 to 16 September 1967.  

4.  On 16 September 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) after completing a total of 3 years of active military service. 

5.  Item 22c (Foreign and/or Sea Service) of the applicant DD Form 214 shows he served for a total of 1 year and 11 months in overseas assignments.  The DD Form 214 also shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the RVN Campaign Medal with Device 1960. 

6.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows that he served in the United States Army Europe (USAREUR) from
9 February 1965 to 26 May 1966.  Item 31 also shows that he was assigned to Battery B, 7th Battalion, 9th Artillery in the RVN from 8 October 1966 to 
27 July 1967.  Item 41 shows in addition to the awards shown on his DD Form 214 he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.

8.  Army Regulation 635-5, in effect at that time, also states to enter the total period of active duty served outside of the continental limits of the U.S. for the period covered by the DD Form 214 and to enter the last overseas theater in which the service was performed.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Vietnam Conflict.  This regulation indicates that the applicant participated in four campaigns during his service in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.


10.  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 pamphlet shows the battery to which the applicant was assigned was cited for award of the Presidential Unit Citation for the period 19 to 20 March 1967 by Department of the Army General Orders Number 23, dated 1969; the RVN Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to        28 March 1973 by Department of the Army General Orders Number 8, dated 1973; and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 November 1966 to 31 March 1971 by Department of the Army General Orders Number 51, dated 1971.

11.  Army Regulation 600-8-22, 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows in item 22c of the applicant's DD Form 214, dated 16 September 1967, he served a total of 1 year and 11 months overseas.  Evidence of record also shows his last overseas assignment was in USARPAC which was the RVN.  Therefore, item 22c of this DD Form 214 should be corrected to show USARPAC.  As Germany was not his last assignment or his last overseas assignment, there is no authority to add this assignment to his DD Form 214.  His DA Form 20 is the proper form to show his assignment in Germany.  

2.  The applicant's overseas assignment orders are not available.

3.  Although not requested, as a related issue it would be appropriate to correct the applicant's DD Form 214 to add his RVN awards and all other awards that he is eligible to receive.

4.  General orders show the applicant was awarded the Good Conduct Medal for the period of service from 17 September 1964 to 16 September 1967.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.


5.  General orders show that Battery B, 7th Battalion, 9th Artillery was awarded the Presidential Unit Citation, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to this unit, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

6.  The available evidence shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this award.

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.  amending his DD Form 214 by adding USARPAC to item 22c; 

	b.  deleting the Vietnam Service Medal from his DD Form 214; and 

	c.  adding the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Presidential Unit Citation, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214.

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 his assignment in Germany on his DD Form 214.




      _________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)                                         AR20090005998



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1