BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090007473 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 71Q2O and all of his missing awards. 

2.  The applicant states, in effect, that his MOS was 71Q2O and not 71Q3O as shown on his DD Form 214.  His DD Form 214 is also missing unit and foreign awards for his service in the Republic of Vietnam and his marksmanship badges.

3.  The applicant provides, in support of his application, copies of general orders; an email from the Historian, 25th Infantry Division Association; a letter from the Information Officer, 25th Infantry Division, dated 13 August 1967; a Department of Veterans Affairs Rating Decision, dated 2 May 1968; two Reports of Medical Examination, dated 3 August 1967 and 2 June 1969; and internet information sheets about Republic of Vietnam service awards. 

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 1 July 1965, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and he was awarded MOS 71Q2O (Information Specialist).

3.  Special Orders Number 170, Headquarters, 2nd Basic Combat Training Brigade, Fort Dix, NJ, dated 13 August 1965, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for the M-14 rifle.

4.  Special Orders Number 53, Headquarters, 101st Artillery Group (Air Defense), Lockport, NY, dated 14 June 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Carbine Bar.

5.  On 15 July 1966, the applicant departed Lockport for duty in the Republic of Vietnam.

6.  On 31 July 1966, the applicant was assigned for duty as an information specialist with the 25th Administration Company.

7.  On 10 April 1967, the applicant was wounded in action and subsequently evacuated to Walson Army Hospital, Fort Dix.

8.  On 10 August 1967, the applicant was retired due to temporary disability and placed on the Temporary Disability Retired List (TDRL).  He had attained the rank/grade of specialist four (SP4)/E-4 and he had completed 2 years, 1 month, and 10 days of creditable active duty.

9.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows his MOS as 71Q3O.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Purple Heart. 

11.  General Orders Number 5902, Headquarters, 25th Infantry Division, dated 19 August 1968, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period July 1966 to April 1967.

12.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings through his tenure of service.  The applicant’s records do not contain any evidence of disciplinary action.  There is also no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  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.  The enlisted person must have had all 
"excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase II campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  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 25th Administration Company, during the time of the applicant's assignment, was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 17, dated in 1968; for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 48, dated in 1971; and 
for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated in 1971.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with (1960) Device.  This medal 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his MOS as 71Q2O, to add awards for his service in the Republic of Vietnam, and to add his marksmanship badges.

2.  Records show that the applicant's MOS was 71Q2O, not 71Q3O as recorded on his DD Form 214.  Therefore, his MOS should be corrected on his DD Form 214.

3.  General orders show the applicant was awarded the Bronze Star Medal.  Therefore, this award should be added to his DD Form 214.

4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Carbine Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, these two qualification badges should be added to his DD Form 214.

5.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving the Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

6.  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.

7.  The applicant’s unit was cited in general orders for 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.  Therefore, his records should be corrected to show these foreign unit awards.

8.  Records show that the applicant participated in one campaign period during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

9.  Records show that the applicant served a qualifying period for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this medal.

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.  deleting from Item 23a of his DD Form 214 the entry "71Q3O" and replacing it with the entry "71Q2O";

	b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal; and

	c.  adding to Item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal, Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960); Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Carbine Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.



      __________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)                                         AR20090007473



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ABCMR Record of Proceedings (cont)                                         AR20090007473



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