IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090021258 


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 item 24 (Decorations, Medals, Badges, Citations Commendation and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 March 1970 to add all awards earned on active duty and in the Army National Guard (ARNG).

2.  The applicant states the following awards he earned on active duty should be added to his DD Form 214:

* Army Good Conduct Medal (AGCM)
* Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation
* Presidential Unit Citation (PUC)
* Meritorious Unit Commendation (MUC)
* Valorous Unit Award (VUA)

3.  The applicant also states all awards and decorations he earned during his ARNG service should also be added to the DD Form 214.  

4.  The applicant provides the following documents:

* DD Form 214


* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the ARNG of Wyoming and as a Reserve of the Army, Type of Discharge - Honorable)
* National Personnel Records Center (NPRC) letter, dated 18 November 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.  The applicant’s complete military service record is not available for the Board's review.  However, there are sufficient documents remaining in the NPRC file for the Board to complete a fair and impartial review of the case.  This case is being considered using primarily the applicant’s DD Form 214 and the following documents:

* NGB Form 22
* General Orders Number 895, issued by Headquarters, 25th Infantry Division, dated 29 January 1969, awarding the applicant the Purple Heart (PH), for wounds received on 26 January 1969
* Casualty Report message, dated 27 January 1969, pertaining to the applicant
* Western Union Telefax, dated 27 January 1969, to the applicant's parents concerning his wounding as a result of hostile action in the RVN 

3.  The applicant’s DD Form 214 shows he was inducted into the Army of the United States (AUS) and he entered active duty on 26 March 1968.  It further shows he held and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and that he attained the rank of staff sergeant (SSG)/E-6 on 15 December 1969.


4.  The DD Form 214 shows the applicant served in the Republic of Vietnam (RVN) from 20 August 1968 through 16 August 1969, and the documents in the NPRC file confirm that during this tour he served with Company C. 2nd Battalion, 27th Infantry Regiment.

5.  The PH orders, Casualty Report, and Western Union Telefax on file shows he was wounded in action in the RVN on 26 January 1969.  He was subsequently awarded the PH on 29 January 1969.

6.  On 25 March 1970, the applicant was honorably released from active duty, in the rank/grade of SSG/E-6, after completing 2 years of active duty service.  Item 24 of his DD Form 214 shows he earned the following awards:

* National Defense Service Medal (NDSM)
* RVN Campaign Medal (RVNCM)
* 2 Overseas Service Bars
* Vietnam Service Medal (VSM) with 4 bronze service (campaign) stars
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* PH
* Combat Infantryman Badge (CIB)
* RVN Gallantry Cross (RVNGC) with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* 1st Class Gunner Badge M-60 [now known as the Sharpshooter Marksmanship Qualification Badge] with Machinegun (M-60) Bar
* Bronze Star Medal (BSM) with “V” (Valor) Device

7.  Item 26a (Non-Pay Periods, Time Lost) of the DD Form 214 contains the entry “None” and there is no derogatory information contained elsewhere on the 
DD Form 214.

8.  The NGB Form 22 on file shows the applicant enlisted in the Wyoming ARNG (WYARNG) on 18 May 1972 and served for 2 years, 4 months, and 22 days until being honorably discharged on 10 October 1974.  At the time he had a total of 6 years, 6 months, and 15 days of total service for pay purposes.  Item 24 (Decorations, Citations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of this document shows he earned the 5-Year Wyoming National Guard Service Ribbon on 6 May 1974.  No other awards are listed on this NGB Form 22.


9.  In a letter, dated 18 November 2009, the NPRC determined the applicant was eligible for following awards:

* BSM with “V” Device
* PH
* NDSM
* VSM with 4 bronze service stars
* CIB
* RVNCM with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars
* RVNGC with Palm Unit Citation.

10.  Army Regulation 635-200 (Military Awards), chapter 4, prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant’s assignment in the RVN, his unit (2nd Battalion, 27th Infantry Regiment) was awarded two awards of the RVNGC with Palm Unit Citation for the period January 1966 - August 1968 by Department of the Army General Orders (DAGO) 48, dated 1971 and for the period 1 September 1968 - 30 September 1970 by DAGO 5, dated 1973.  It also shows his unit was awarded the RVNCAHM First Class Unit Citation for the period 1 January 1966 – 21 January 1970 by DAGO 51, dated 1971.  However, there is no evidence his unit was cited for award of the PUC, MUC, VUA or any other unit awards during his period of assignment.

12.  DA Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

13.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains preparation instructions for the DD Form 214 and states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-6 contains guidance on alterations and corrections to the DD Form 214.  It provides no provisions for amending the DD Form 214 to add awards earned or accomplishes during Reserve Component service completed subsequent to the date of separation from active duty or effective date of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention the AGCM should be added to his DD form 214 has been carefully considered and found to have merit.  The available documents confirm the applicant attained the grade of SSG/E-6 on active duty, he earned the BSM with “V” Device and PH, and there is no time lost or other derogatory information listed on DD Form 214.  Therefore, given the applicant’s stellar record of service and absent any documented derogatory information or disqualification, it would be appropriate to award him the AGCM (1st award) for his qualifying honorable active duty service from 26 March 1968 through
25 March 1970, and to add this award to his DD Form 214.

2.  The evidence confirms the applicant’s unit received the RVNCAHM First Class Unit Citation during his assignment in the RVN.  Therefore, this award should also be added to his DD Form 214.

3.  The evidence further confirms the applicant's unit received two awards of the RVNGC with Palm Unit Citation during his assignment in the RVN.  Although he is only entitled to wear only one award of the RVNGC with Pal Unit Citation, his records should be corrected to show two awards of this unit award.  Therefore, a second award of this award should be added to his DD Form 214.

4.  There is no evidence indicating the applicant’s unit in the RVN received the PUC, MUC, or VUA during his tenure of assignment.  Therefore, there is an insufficient evidentiary basis to support adding these awards to his DD Form 214.


5.  The DD Form 214 is a summary of the period of active service covered by the report.  In his case, the period is from 26 March 1968, the date he entered active 
duty, through 24 March 1970, the date of his release from active duty.  There are no regulatory provisions allowing for correcting a DD Form 214 to add awards earned subsequent to the separation (effective) date listed on the DD Form 214.  As a result, there is an insufficient evidentiary basis to support adding his ARNG awards to 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.  deleting from item 24 of his DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

   b.  awarding him the Army Good Conduct Medal (1st award) for his qualifying honorable active duty service from 26 March 1968 through 25 March 1970;

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	d.  issuing him a correction to his DD Form 214 that includes these awards.

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 Presidential Unit 


Citation, Meritorious Unit Commendation, and Valorous Unit Award and Army National Guard Awards 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)                                         AR20090021258



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ABCMR Record of Proceedings (cont)                                         AR20090021258



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