IN THE CASE OF:	

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090016048 


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 the following corrections be made to his DD Form 214 (Armed Forced of the United States Report of Transfer or Discharge):

   a.  adding to item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Republic of Vietnam Campaign Medal (RVNCM) with Device 1960, Combat Infantryman Badge (CIB), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the New Jersey Vietnam Service Medal.
   
   b.  adding to item 25 (Education and Training Completed) the Materiel Readiness Course, Equipment Record Procedures Course, and the Bus Driver’s Course.

2.  The applicant provides the following documents in support of his application:  self-authored statement; CIB orders, dated 25 June 1969; M-16 Training Certificate of Completion, dated 6 December 1968; Materiel Readiness and Equipment Record Procedures Certificates of Training, dated 7 and 14 June 1968; DA Form 348 (Equipment Operator’s Qualification Record), dated 
29 January 1968; New Jersey Department of Military and Veterans Affairs Application for Award/Program, dated 4 February 2008; Jersey Central Power and Light Billing Statement; reassignment orders; and DD Form 214. 


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 military records show he was inducted into the Army of the United States and entered active duty on 22 August 1967.  He was trained in and awarded military occupational specialty (MOS) 63C (General Vehicle Mechanic).

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 24 January to 11 August 1969.  It also shows he served with the 23rd Administration Company and with Headquarters and Band Support Command during his RVN tour.  Item 27 (Military Education) contains entries confirming he completed the Equipment Records and Procedures Course          (1 week), Materiel Readiness Course (1 week), and the Bus Driver’s Course      (1 week) all were completed at Fort Lewis, Washington in 1968.  

4.  On 14 August 1969, the applicant was honorably released from active duty, in the rank of specialist five (SP5)/E-5, after completing 1 year, 11 months, and 
23 days of active military service, of which 6 months and 21 days were completed overseas in the RVN.  Item 24 shows he earned the following awards during his tenure on active duty:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Overseas Service Bar, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 25 contains the entry “NONE.”

5.  The applicant requested the National Personnel Records Center update his records.  He provided a number of the documents he now provides this Board.  He also provided special orders, dated 25 June 1969, awarding him the Combat Infantryman Badge.  These orders show his rank as Sergeant; his MOS as 11B4O; and his unit as Headquarters and Headquarters Company, 3d Battalion, 21st Infantry, 196th Infantry Brigade.  The orders reassigning him from Vietnam stateside, dated 28 June 1969, show his rank as SP5, his MOS as 63C3O, and his unit as Headquarters and Band Support Command.

6.  As a result of the applicant’s request, the National Personnel Records Center agency prepared a DD Form 215 (Correction to the DD Form 214), dated          10 November 2009.  This document changed his DD Form 214 by deleting the Expert Marksmanship Qualification Badge Rifle Bar (M-14) and adding the CIB and Expert Marksmanship Qualification Badge with Automatic Rifle Bar.  It also amended item 25 of his DD Form 214 by deleting the "None" entry and by adding the Materiel Readiness, Equipment Record Procedures, and Bus Driver’s Courses.  It also amended item 30 (remarks) by adding the entry "Served in Vietnam 19690124-19690815// NOTHING FOLLOWS."  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Section III states, in pertinent part, to enter all decorations, service medals, campaign credits, and badges awarded or authorized in the priority sequence specified in Army Regulation 600-8-22 in item 24.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 1-41 provides the priority sequence for awards and decorations and non-military decorations are listed in priority sequence.  Only Federal level awards are authorized for entry on the DD Form 214.  The New Jersey Vietnam Service Medal is not included in the Department of the Army’s awards priority sequence and is not a Federal award.  

9.  Paragraph 2-13 of the awards regulation contains guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, and Vietnam Summer/Fall 1969 campaigns.

10.  Paragraph 9-13 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960).  It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.  

11.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (23 Administration Company) earned the Meritorious Unit Commendation (MUC) (1 January 1968-31 August 1969) and Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains a DD Form 215 that was issued on 
10 November 2009, which added the CIB and Expert Marksmanship Qualification Badge with Rifle Bar to item 24 of his original DD Form 214.  

2.  The evidence of record does not show that the applicant held an infantry MOS or that he was assigned or attached to an infantry unit while he was in the RVN; Other than the orders he provided the National Personnel Records Center, there is no evidence of record to show he met the eligibility criteria for award of the CIB.  However, the CIB was added to his DD Form 214 and this Board will not take any action to remove it from his DD Form 214.

3.  The DD Form 215 also added the three courses in question to item 25 of his DD Form 214.  As a result, given the above matters have been corrected through administrative means, no further Board action is required on these issues.  A copy of the DD Form 215 is included with this Record of Proceedings for the applicant's information and use. 

4.  The applicant's contention that item 24 of his DD Form 214 should be corrected by adding the RVNCM with Device 1960 was also carefully considered and found to have merit.  By regulation, members who completed 6 months or more of service in the RVN between 1 March 1961 and 28 March 1973, are authorized the RVNCM with Device 1960.  The evidence of record confirms the applicant completed 6 months and 21 days of service in the RVN from 
24 January to 11 August 1969.  Therefore it would be appropriate to add this award to item 24 of his DD Form 214 at this time.

5.  Further, based on his service and campaign participation in the RVN, the applicant is eligible for the MUC, RVNGC with Palm Unit Citation and 3 bronze service stars to be worn with his VSM.  Thus, it would be appropriate to add these awards to his DD Form 214 at this time. 

6.  The applicant's contention that the New Jersey Vietnam Service Medal should be added to his DD Form 214 was also carefully considered.  However, by regulation only awards identified in the Army's Awards Regulation are authorized for entry on the DD Form 214, to include Federal United States non-military awards.  The applicant's New Jersey award does not meet the criteria for entry on the 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 adding to his DD Form 214 the Meritorious Unit Commendation, Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 3 bronze service stars to be worn with his Vietnam Service Medal to item 24; and providing him a correction to his DD Form 214 that reflects these changes.  

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 adding the New Jersey Vietnam Service Medal to 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)                                         AR20090016048



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ABCMR Record of Proceedings (cont)                                         AR20090016048


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