BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090007603 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Vietnam Campaign Medal with 1960 Device, the Army Good Conduct Medal, the Vietnam Wound Medal, the Vietnam Cross of Gallantry, the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Grenade Badge, the Bayonet Badge, and two overseas service bars.  Additionally, the applicant requests that his major command be changed to Military Assistance Command Vietnam (MACV) from U.S. Army Republic of Vietnam (USARV).  Finally, he requests that Department of the Army Pamphlet 672-3, page 67, be corrected to show "292nd Finance Section."

2.  The applicant states, in effect, that his DD Form 214 is incorrect and does not properly reflect all awards and decorations that he earned or that he is entitled to because of his service in the Republic of Vietnam.  He states that "a corrected DD Form 214 should show the following:  Purple Heart Medal, National Defense Medal, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with 3 stars, Vietnam Campaign Medal with 60s clasp, Vietnam Wound Medal, Vietnam Cross of Gallantry Medal, (2) Overseas Bars, Sharpshooter Badge - M-14, Marksman Badge - M-16, Bayonet Badge (?), and Grenade Badge (?) ((?) = to be determined by Board of Corrections)."  Secondly, he states that Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 291st Finance Section received a Meritorious Unit Award.  He states this is a misprint for the only 
29X-designated Finance unit was the 292nd Finance Section with offices in Vung-Tau, Can-Tho, Vinh Long, Saigon, and two remote locations in IV Corps and attached to the 221st Aviation.  He states that through his personal research, he determined that Department of the Army Pamphlet 672-3 contains an administrative error.  His research shows that "291st Finance Section" was not a valid unit designator.  He states the proper unit designator is "292nd Finance Section" and that this administrative regulatory oversight should be corrected.  In addition, he states that his major command was MACV not USARV.

3.  The applicant provides in support of his application the following documents:

	a.  a copy of his DD Form 214;

	b.  a copy of his DD Form 215 (Correction to DD Form 214), dated 7 August 2000;

	c.  a copy of page 1 of 4 of his DA Form 20 (Enlisted Qualification Record), undated;

	d.  excerpts from an unknown source outlining the requirements for award of the overseas service bar, the Army Good Conduct Medal, the Republic of Vietnam Wound Medal, and the Vietnam Cross of Gallantry;

	e.  copies of certificates of appreciation signed by the Commander-in-Chief and a general in the Army;

	f.  a copy of his Honorable Discharge Certificate, dated 1 June 1975;

	g.  a copy of page 67 of Department of the Army Pamphlet 672-3, dated 29 January 1988; and

	h.  a personal letter to the Board, dated 22 April 2009.

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.  In the applicant's request, he stated that Department of the Army Pamphlet 672-3 contains a misprint.  The ABCMR considers individual applications that are properly brought before it.  In appropriate cases, it directs or recommends correction of a military record to remove an error or injustice.  The proponent agency for Department of the Army Pamphlet 672-3 is the Department of the Army Office of the Deputy Chief of Staff for Personnel (DAPC-ALA).  Recommended changes to Department of the Army Pamphlet 672-3 should be sent to Headquarters, Department of the Army, Attention:  DAPC-ALA, Alexandria, VA  22332-0400.  In the event this office (or the Center for Military History) confirms the applicant’s contention that the pamphlet erroneously lists the 291st Finance Section instead of the 292d Finance Section, and this office indicates it cannot correct the pamphlet, the applicant may reapply to the ABCMR with the evidence of any action taken on his request.

3.  The applicant was inducted into the Army of the United States on 3 June 1969.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 73C (Finance Specialist).  The highest rank he attained was specialist four/pay grade E-4.

4.  Records show the applicant served in the Republic of Vietnam from 4 January 1970 to 6 December 1970.  He was assigned to the 292nd Finance Section, U.S. Army Pacific-Vietnam.

5.  The applicant was honorably released from active duty on 6 December 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve service obligation.  He was issued a DD Form 214 that shows he served on active duty for 1 year, 6 months, and 4 days with foreign service credit of 11 months and 2 days.

6.  Item 12 (Last Duty Assignment) of the applicant's DD Form 214 shows his last unit of assignment was the 292nd Finance Section in the major command USARV.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Army Commendation Medal.

8.  The applicant was issued a DD Form 215 correcting his DD Form 214 with a separation date of 6 December 1970.  Item 24 of the applicant's DD Form 214 was corrected by deleting the Vietnam Service Medal and adding the Purple Heart, the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  The applicant's DA Form 20, dated 14 June 1970, shows in item                    29 (Qualification in Arms) that he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Grenade Bar.  The specific qualification badge for the grenade is not listed nor was there an order filed in the applicant's official military personnel file (OMPF) showing his qualification competency level.  However, he scored a 46 during his qualification.

10.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  His military personnel records do not show any time lost, record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice, or any records of conviction by court-martial.  There is also no record of a commander's disqualification for award of the Army Good Conduct Medal.

11.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Army Good Conduct Medal.

12.  A search of the applicant's OMPF shows that no award orders are filed in his record for the four weapons qualification badges he requested or the Army Good Conduct Medal.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of foreign decorations and badges.  Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign decorations and badges listed in this regulation.  The burden of proof rests on the individual Soldier to produce valid justification; that is, orders, citations, or other original copies of the foreign elements that awarded them the badge or decoration.  Foreign decorations and badges not listed within this regulation will be forwarded to U.S. Army Human Resources Command for approval.  The Vietnam Wound Medal is not listed within this regulation as a qualified foreign or U. S. Army decoration.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the purpose of awarding of badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges are awarded to indicate the degree in which a Soldier has qualified in prescribed weapons firing courses or events.  An appropriate bar is furnished to denote each weapon with which a Soldier qualified.

16.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that personnel officers will prepare and authenticate a DD Form 214WS (Worksheet) prior to forwarding records to the transfer facility.  All available records will be used as a basis for the preparation of the DD Form 214WS, including the DA Form 20, the DA Form 66 (Officer Qualification Record), and orders.

17.  Army Regulation 635-5 provides, in pertinent part, for the issuance of the DD Form 215.  Once a DD Form 214 has been issued, it cannot be reissued except for the following reasons:

	a.  when directed by proper appellate authority, Executive Order, or by the Secretary of the Army;

	b.  when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215; or

	c.  when two DD Forms 215 have been issued and an additional correction is required.

18.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army messages.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence showing a commander's disqualification.  Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 3 June 1969 to 6 December 1970 ending with the termination of his first period of qualifying Federal military service.

2.  The applicant's DA Form 20, a part of his OMPF, shows he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  A presumption is made that the applicant's score of 46 for the grenade qualifies him for the Marksman Marksmanship Qualification Badge with Grenade Bar.

3.  Per Army regulation, the Vietnam Wound Medal is not a recognized foreign decoration authorized for wear on the U.S. Army uniform.  Therefore, the applicant is not entitled to have his record corrected to show the Vietnam Wound Medal.

4.  Based on the lack of evidence, the applicant is not entitled to the Bayonet Bar for there is no annotation found on his DA Form 20 or official orders within his OMPF showing a qualification badge with bayonet bar was awarded.

5.  The applicant contends that he served in the MACV and not in the USARV.  However, the applicant's OMPF consistently shows that he did serve in the USARV throughout the duration of his foreign service tour.  Therefore, the applicant's major command as currently identified on his DD Form 214 is correct.

6.  Since overseas service bars are not awards or decorations, they are not entered on a DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

7.  The applicant’s DD Form 214 already shows the Republic of Vietnam Campaign Medal.  However, at this time, it would be appropriate to amend it to read it’s proper title, Republic of Vietnam Campaign Medal with Device 1960.

8.  The applicant contends that a DD Form 214 should be reissued which shows all his awards and decorations.  Regulatory guidance requires reissuance of a DD Form 214 when two DD Forms 215 have already been issued to correct an applicant's record.  As the applicant's record only shows issuance of one DD Form 215, he is not entitled to reissuance of 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.  awarding the applicant the Army Good Conduct Medal for his period of service from 3 June 1969 to 6 December 1970; and

	b.  adding to item 24 of the applicant's DD Form 214 the Army Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars and the Republic of Vietnam Campaign Medal with Device 1960 in lieu of the Republic of Vietnam Campaign Medal now shown.

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 award of the Vietnam Wound Medal, overseas service bars, and the Bayonet Bar.  In addition, he is not entitled to have his record corrected to show his major command as MACV.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our 


Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20090007603



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ABCMR Record of Proceedings (cont)                                         AR20090007603



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