IN THE CASE OF:	  

		BOARD DATE:	  3 JUNE 2010

		DOCKET NUMBER:  AR20090020998 


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 his proper length of service in Vietnam and to use the full and proper names for his awards.

2.  The applicant states he served in Vietnam for one year, not one month and 4 days.  He is also concerned that the use of abbreviations for his awards will cause problems for future VA claims.

3.  The applicant provides copies of his DD Form 214, four sets of orders for awards, and his separation orders.

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 was inducted into the Army of the United States on 24 September 1969.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 11 March 1970, he received nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave (AWOL) for three days.  His punishment was a forfeiture of $20.00 for one month.

4.  The record contains orders for two Bronze Star Medals, one with "V" Device; two Army Commendation Medals, both with "V" Device; an Air Medal; and a Combat Infantryman Badge.

5.  His DA Form 20 (Enlisted Qualification Record) provides the following at:

	a.  item 2 (Grade), sergeant (SGT), E-5;

	b.  item 31 (Foreign Service), in Vietnam from 14 March 1970 through 17 February 1971 [11 months and 4 days];

	c.  item 38 (Record of Assignments), assigned to Company A, 2nd Battalion, 7th Cavalry Division in Vietnam with principal duty as a rifleman/radio telephone operator;

	d.  item 38, all "excellent" conduct and efficiency ratings;

	e.  item 39 (Campaigns), participation in two campaigns; and

	f.  item 41 (Awards and Decorations), the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, Army Commendation Medal with "V" Device, Bronze Star Medal with "V" Device, Air Medal, Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster, Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Pistol Bar.

6.  His DD Form 214 provides the following at:

	a.  item 22a (Net Service This Period) the entry 1 year, 11 months, and 11 days;


	b.  item 22c (Foreign and/or Sea Service) the entry "USARPAC" [U.S. Army Pacific] 1 month and 4 days; and 

	c.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entry "NDSM  EXP M-16  VSM CIB  1 O/ S BAR  ARCOM W/V DEVICE  BSM W/V DEVICE  AM  BSM W/1st OLC  ARCOM W/V DEVICE 1st OLC."

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders pertaining to the applicant for awards not listed on the DD Form 214 and/or the DA Form 20.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to Company A, 2nd Battalion, 7th Cavalry Division, it was cited for award of the:

* Valorous Unit Award for the period 1 May - 29 June 1970 by Department of the Army General Orders (DAGO) 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 - 28 February 1971 by DAGO 42, dated 1972

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns and it shows that during the applicant's tour in Vietnam, he participated in the Appendix B indicates he served during the following three campaign periods:



* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states that the DD Form 214 is to list awards and decorations for all periods of service in the priority sequence and that abbreviations are not be used. 

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states that one overseas service bar is authorized for each 6-month period active Federal service as a member of a U.S. Service in Vietnam, from 1 July 1958 to 28 March 1973.  The months of arrival to, and departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served in Vietnam for one year, not one month and 4 days.  He is also concerned that the use of abbreviations for his awards will cause problems for future VA claims.

2.  The applicant had an NJP for three days AWOL just prior to his assignment to Vietnam; however, he received only a minor fine and his conduct and efficiency rating that included this period of AWOL was rated as "excellent."  The record contains no indication of any other disqualifying incidents or recommendations.  The receipt of the NJP is not in and of itself considered a disqualifying incident.  Further, his service during his tour in Vietnam was marked by several personal decorations for heroism.

3.  Therefore, it should be shown that the applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his "excellent" conduct and efficiency ratings, his personal decorations, and his promotion to SGT/E-5.  Therefore, it is appropriate to award the applicant the Army Good Conduct Medal (1st award) for his period of service from 24 September 1969 through 4 September 1971.

4.  The applicant served in Vietnam from 14 March 1970 through 17 February 1971 a period of 11 months and 4 days.  It appears that a typographical error occurred in the completion of the DD Form 214 to show only 1 month and 4 days of foreign service.  Therefore, his DD Form 214 should be corrected to show completion of 11 months and 4 days of foreign service.

5.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be appropriately corrected.

6.  The applicant's award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Pistol Bar were not carried forward from the DA Form 20 to the DD Form 214.  Therefore, his DD Form 214 should be corrected to show these weapons qualification badges.

7.  The applicant arrived in Vietnam in March of 1970 and departed in February 1971, this entitles him to wear two overseas service bars.  His DD Form 214 reflects award of only one overseas service bar; therefore, his DD Form 214 should be appropriately corrected.  

8.  In addition to the awards listed on the DD Form 214, the applicant is also authorized the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

9.  The applicant's DD Form 214 incorrectly lists his awards out of proper sequential order and improperly uses all abbreviations.  Therefore, his DD Form 214 should be corrected to list his awards in the full name and proper sequence in accordance with Army Regulation 600-8-22.

10.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

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.  deleting from item 22c, on the DD Form 214, the entry "0  1  4" and replacing it with the entry "0  11  4" to denote 11 months and 4 days of foreign service;

	b.  awarding him the Army Good Conduct Medal (1st award) for his period of service from 24 September 1969 through 4 September 1971; and

	c.  deleting from item 24 of his DD Form 214 the entire list of awards and replacing it with the following list:

Bronze Star Medal with "V" Device and one Oak Leaf Cluster, Army Commendation Medal with "V" Device and one Oak Leaf Cluster, Air Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-16) and Pistol Bars, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and two overseas service bars.

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 showing any foreign service in excess of 11 months and 4 days.



      ___________XXX____________
                  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)                                         AR20090020998



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ABCMR Record of Proceedings (cont)                                         AR20090020998



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