BOARD DATE:	  March 2, 2010

		DOCKET NUMBER:  AR20090016441 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal and his Vietnam service.  He also requests, in effect, that his records to include his DD Form 214 be corrected to show his promotion date to sergeant (SGT)/E-5.

2.  The applicant states that he would like his records to show he received the Army Commendation Medal.  He states that the medal was awarded after he returned home from Vietnam.  He states that his record does not show his promotion date to SGT, but this rank is on his DD Form 214.

3.  The applicant provides a copy of his citation and certificate, dated 16 August 1968, showing award of the Army Commendation Medal; and a copy of a letter, dated 7 September 2009, from the National Personnel Records Center in support of his request.

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 records show he was inducted into the Army of the United States and entered active duty on 16 November 1966.  He completed basic combat and advanced individual training (AIT) and he was awarded military occupational specialty 13B (Field Artillery Crewmember).  

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 12 August 1967 to 11 August 1968.  He was assigned to Battery B, 3rd Battalion, 82nd Artillery. 

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 12 August 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation. 

5.  Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) of the applicant's DD Form 214 shows the entries SGT (Temporary)/E-5.  However, item 6 (Date of Rank) contains no entry.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  Item 24 does not show award of the Army Commendation Medal.

7.  Headquarters, Americal Division, General Orders Number 4958, dated 30 July 1968, show the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations in the Republic of Vietnam from August 1967 to July 1968.

8.  Items 2 (Grade) and 3 (Date of Rank) of his DA Form 20 show the entries "Sgt E-5" and "18 Jan 68."  Additionally, item 33 (Appointments and Reductions) shows the highest rank/grade he attained was that of a corporal (CPL)/E-4 with a date of rank also of 18 January 1968. 

9.  The applicant's records do not contain a copy of his promotion and/or appointment orders to the rank/grade of SGT/E-5.  

10.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
11.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows "unknown" for his conduct and efficiency ratings during AIT and "excellent" conduct and efficiency ratings during the rest of his military service.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have 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 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 and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

13.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in four campaigns during his tour of duty in the Republic of Vietnam as follows:  Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968); TET Counteroffensive (30 January 1968 - 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968); and Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment to the 3rd Battalion, 82nd Infantry, the unit was awarded the Meritorious Unit Commendation for service from 15 November 1967 to 17 March 1969, based on Department of the Army General Orders (DAGO) Number 39, dated 1970, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

15.  Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, Special Orders Number 11, dated 13 January 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).




16.  Army Regulation 635-5 (Separations Document) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater (for example, USAREUR [U.S. Army Europe], USARV [U.S. Army Vietnam], etc.) in which the service was performed would be entered in item 22c (Foreign and/or Sea Service).  Item 30 (Remarks) of the version in effect at the time did not mandate an entry for Vietnam service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Commendation Medal and his Vietnam service.  He also contends that his records to include his DD Form 214 be corrected to show his date of rank for SGT/E-5.

2.  General orders awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations in the Republic of Vietnam from August 1967 to July 1968 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record confirms the applicant served honorably during the period 16 November 1966 through 12 August 1968.  He served in Vietnam and he was awarded the Army Commendation Medal.  He also received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correction of his DD Form 214 to show this award.

4.  General orders awarded the applicant’s unit the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.



5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

7.  With respect to the applicant’s service in Vietnam, although there was no requirement to list this service on the DD Form 214 at the time, there is no harm to the Army or the Soldier if his Vietnam service from 12 August 1967 to 11 August 1968 is entered on his DD Form 214. 

8.  The applicant's DD Form 214 lists his rank/grade at the time of separation as that of SGT/E-5 (Temporary).  However, his DA Form 20 contains conflicting information.  Item 3 shows his date of rank for SGT/E-5 as 18 January 1968 and item 33 shows that same date of rank for CPL/E-4.  Therefore, the evidence is insufficient to determine his date of rank as a SGT/E-5. 

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 November 1966 through 12 August 1968;

	b.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award), the Army Commendation Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and

	c.  adding to item 30 of his DD Form 214 the entry "Service in Vietnam from 12 August 1967 to 11 August 1968."

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 correction of his records/
DD Form 214 to show a date of rank for SGT/E-5.  



      _______ _   _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)                                         AR20090016441



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090016441



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1