IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090008074 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by documenting his first tour of duty in the Republic of Vietnam (RVN) and by adding the Aircraft Crewman Badge (ACB, now known as the Aviation Badge) to the awards listed.

2.  The applicant states, in effect, that his second tour in the RVN from July 1969 to March 1970 and the ACB he was awarded are not reflected on his DD Form 214.

3.  The applicant provides no additional documentary evidence 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's record shows he enlisted in the Regular Army and entered active duty on 10 April 1967.  He was trained in and awarded military occupational specialty 96B (Intelligence Analyst) and staff sergeant is the highest rank he attained while serving on active duty.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that he served in the RVN from 8 November 1967 through 7 December 1968, and again from 3 July 1969 through 26 March 1970.  Item 38 (Record of Assignments) shows that during his first tour in the RVN he was assigned to Company A, 7th Psychological Operations Battalion, and that during his second RVN tour he was assigned to Headquarters, 6th Psychological Operations Battalion.

4.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), ACB, Army Good Conduct Medal (AGCM), Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  The applicant's official military personnel file (OMPF) contains Headquarters, 4th Psychological Operations Group, Special Orders Number 263, dated 29 October 1968, which permanently awarded him the ACB.  It also contains Headquarters, United States Army Vietnam, General Orders 610, dated 8 March 1970, which awarded him the Army Commendation Medal (ARCOM) for his meritorious service in the RVN during the period July 1969 through April 1970.

6.  On 25 March 1970, the applicant was honorably released from active duty (REFRAD) after completing a total of 2 years, 11 months, and 16 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned NDSM, RVNCM, VSM, and AGCM.  Item 30 (Remarks) contains an entry indicating he served in the RVN from 4 July 1969 through 25 March 1970.  Item 30 contains an entry indicating the applicant served in the RVN from 4 July 1969 through 25 March 1970.  There is no entry for RVN service he performed between 8 November 1967 and 7 December 1968.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD, or control of the Active Army.  The regulation in effect at the time of the applicant's REFRAD provided for entering all awards earned during the period in item 24 and periods of RVN service in item 30.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each RVN campaign a member is credited with participating in.  It further states that a silver service star is worn in lieu of five bronze service stars to denote participation in five campaigns.

9.  Table B-1 of Army Regulation 600-8-22 contains a list of RVN campaigns and shows that during his two tours in the RVN, participation credit was granted for the following seven campaigns:  Vietnam Counteroffensive Phase III (1 June 1967 through 29 January 1968), TET Counteroffensive (30 January 1968 through 1 April 1968), Vietnam Counteroffensive Phase IV (2 April 1968 through 30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968 through 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February 1969), Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969), and Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970).

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, the 4th Psychological Operations Group, the parent unit of his units of assignment (the 7th and 6th Psychological Operations Battalions) was awarded the Meritorious Unit Commendation for the period 1 April 1967 through 31 December 1968 in Department of the Army General Orders Number 36 issued in 1970 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 December 1967 through 1 November 1970 in Department of the Army General Orders Number 6 issued in 1974.

11.  Department of the Army General Orders Number 8 issued in 1974 authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect his first tour in the RVN and by adding the ACB (i.e., the Aviation Badge) was carefully considered and found to have merit.  The regulation in effect at the time provided for entering all awards earned during the period in item 24 and for documenting all periods of RVN service in item 30.

2.  The evidence of record confirms the applicant served in the RVN from 8 November 1967 through 7 December 1969 and again from 3 July 1969 through 26 March 1970.  As a result, item 30 of his DD Form 214 should be amended by deleting the current RVN service entry and replacing with the entry "SERVICE IN VIETNAM FROM 8 NOVEMBER 1967-7 DECEMBER 1968 AND FROM 3 JULY 1969-26 MARCH 1970."

3.  Further, the applicant's record confirms he was permanently awarded the ACB on 29 October 1968 as evidenced by an entry in item 41 of his DA Form 20. Therefore, it would be appropriate to add this award to item 24 of his DD Form 214 at this time.

4.  The evidence of record also confirms the applicant was awarded the ARCOM for meritorious service in the RVN as evidenced by general orders on file in his OMPF.  Therefore, it would also be appropriate to add this award to his record and DD Form 214 at this time.

5.  Further, the record shows the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) as evidenced by entries in item 41 of his DA Form 20 and special orders on file in his records.  These awards were omitted from his DD Form 214.  Therefore, they should be added to item 24 of his DD Form 214 at this time.

6.  The evidence of record further shows that based on his RVN service and campaign participation, he is eligible for the Meritorious Unit Commendation, RVN Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and one silver and two bronze service stars to be worn with his VSM.  As a result, these awards should also be added to his record and DD Form 214.

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 amending his DD Form 214 as follows:

	a.  item 24 - delete the current list of awards and replace it with the entry "National Defense Service Medal, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with one silver and two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Meritorious Unit Commendation, Aviation Badge, Expert Marksmanship Qualification Badge with Rifle Bar 
(M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14);

	b.  item 30 - delete the current Vietnam service entry and replace it with the entry "SERVICE IN VIETNAM FROM 8 NOVEMBER 1967-7 DECEMBER 1968 AND FROM 3 JULY 1969-26 MARCH 1970"; and

	c.  providing him a correction to his DD Form 214 that includes these changes.



      __________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)                                         AR20090008074



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ABCMR Record of Proceedings (cont)                                         AR20090008074



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