IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090007452 


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, correction of his 18 September 1973 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his overseas service, awards and marksmanship badges, and his education and training.

2.  The applicant states that his DD Form 214 does not show his overseas service; completion of the Construction Machine Operator Course; award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Meritorious Unit Commendation, marksmanship qualification badges for the rifle and .45 caliber pistol; and 9 overseas service bars. 

3.  The applicant provides no documentation 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.  On 20 June 1967, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 62E (Construction Machine Operator). 

3.  On or about 5 December 1967, the applicant was assigned for duty in the Federal Republic of Germany.          

4.  On 14 June 1968, the applicant was honorably discharged for the purpose of immediate reenlistment.  He had attained the rank of private first class, pay grade E-3, and had completed 11 months and 25 days of creditable active duty service.

5.  The applicant's DD Form 214, effective 14 June 1968 shows:

	a.  in Item 22c (Foreign and/or Sea Service): 0 years, 6 months, 10 days;

	b.  in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): NDSM [National Defense Service Medal], SS Badge w/Rifle Bar [Sharpshooter Marksmanship Qualification Badge with Rifle Bar]; and

	c.  Item 25 (Education and Training Completed):  CONST MACH OPER [Construction Machine Operator Course].

6.  On 15 June 1968, the applicant reenlisted for 3 years in the Regular Army.  

7.  Special Orders Number 165, 11th Engineer Group, dated 17 July 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.

8.  On 5 September 1968, the applicant departed the Federal Republic of Germany for duty in the Republic of Vietnam.

9.  On 5 October 1968, the applicant was assigned for duty as a loader operator with Company D, 14th Engineer Battalion.  

10.  On 10 February 1969, the applicant was reassigned to the 59th Engineer Company for duty as a loader operator.  On 1 May 1969, he was assigned as an air compressor operator.

11.  On 12 February 1970, the applicant was reassigned to Company B, 27th Engineer Battalion for duty as a crawler tractor operator.  

12.  On 2 April 1970, the applicant returned to the United States for duty at Fort Leonard Wood, Missouri.  He had served in the Republic of Vietnam for a period of 18 months.  

13.  On 16 March 1971, the applicant was discharged for the purpose of immediate reenlistment.  He had attained the rank of specialist five, pay grade 
E-5, and had completed a total of 3 years, 8 months and 27 days of creditable active duty.

14.  The applicant's DD Form 214, effective 16 March 1971, was corrected by a DD Form 215 (Correction to DD Form 214) to show:

	a.  in Item 22c “1 year, 6 months, 0 days”; and

	b.  in Item 24:  Vietnam Service Medal with one silver service star, RVCNCM [Republic of Vietnam Campaign Medal], Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert [Marksmanship Qualification] Badge with Rifle Bar and 3 OS BARs [three Overseas Service Bars].

15.  On 17 March 1971, the applicant reenlisted in the Regular Army and continued to serve at Fort Leonard Wood.  On 18 September 1973, he was discharged under the provisions of Army Regulation 635-200, chapter 5, in accordance with the qualitative management program.  He had completed a total of 6 years, 2 months, and 27 days of creditable active duty service.

16.  The applicant's DD Form 214, effective 18 September 1973, shows:

	a.  in Item 22c “0 years, 0 months, 0 days”; and

	b.  in Item 24:  SPS QUAL BAD M16 [Sharpshooter Qualification Badge with Rifle [M-16] Bar.

17.  Army Regulation 635-5, effective 23 August 1973, provides detailed instructions for completing separation documents, including the DD Form 214.  It provided, in pertinent part, that the DD Form 214 was a summary of the Soldier's most recent period of continuous active duty.  It did not provide for consolidating information from two or more DD Forms 214 onto a single DD Form 214. It also provided, in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the Officer Qualification Record (DA Form 66), or the Enlisted Qualification Record (DA Form 20) were to be entered in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  This was to cover awards for all periods of service.  

18.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) provides, in pertinent part, that one overseas service bar is authorized for wear on the Class A uniform for each 6-month period of active Federal service as a member of a U.S. Service in Vietnam, from 1 July 1958 to 28 March 1973.  The months of arrival, and departure from Vietnam are counted as whole months for credit towards the overseas service bar.  Periods of TDY service in Vietnam where credit is given for hostile fire pay for 1 month, may also be counted as credit for a corresponding month towards award of an overseas service bar.

19.  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 publication shows that the 59th Engineer Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 48, dated in 1971, for award of the Meritorious Unit Commendation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his 18 September 1973 DD Form 214 should be corrected to show his overseas service; completion of the Construction Machine Operator Course; award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Meritorious Unit Citation,  marksmanship qualification badges for the rifle and .45 caliber pistol; and 
9 overseas service bars.

2.  The governing regulation, effective 20 August 1973, provides for the consolidation of awards and decorations on the DD Form 214.  Therefore, all of the applicant's awards and decorations should be shown on the applicant's DD Form 214, effective 18 September 1973.  

3.  The applicant served in the Republic of Vietnam for a period of 18 months and qualified for wear of three overseas service bars on his Class A uniform.  Therefore, the applicant's request to be authorized 9 overseas service bars should be denied.



4.  The applicant's DD Form 214, effective 14 June 1968, shows award of his National Defense Service Medal and completion of the Construction Machine Operators Course.  Therefore, the applicant's request to add these two items should be denied.

5.  The applicant's DD Form 214, effective 16 March 1971, shows award of the Vietnam Service Medal with one silver service star and Republic of Vietnam Campaign Medal.  The applicant's request for these two awards should be denied.  The number of overseas service bars is correct. 

6.  There is no available evidence of record showing that the applicant qualified as an expert with the .45 caliber pistol.  Therefore, his request for award of this qualification badge should be denied.

7.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit 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.  showing in addition to the awards already shown on his DD Form 214, effective 16 March 1971, that his authorized awards include the Meritorious Unit Commendation; and
   
   b.  showing in addition to the awards already shown on his DD Form 214, effective 18 September 1973, that his authorized awards include the Meritorious Unit Commendation, National Defense Service Medal, Vietnam Service Medal with a silver service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 
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 completion of the Construction Machine Operator Course, marksmanship qualification badges; and 9 overseas service bars.



      _______ _   _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)                                         AR20090007452



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ABCMR Record of Proceedings (cont)                                         AR20090007452



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