IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100000160 


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 service in the Republic of Vietnam (RVN) was combat related.

2.  The applicant states the following:

	a.  that his duties performed in the RVN were in a hostile environment which entailed leading convoys to the "Iron Triangle" area along hundreds of miles of roads between secure bases;

	b.  the convoys he participated in were directly attacked several times by hostile forces attempting to overrun them and confiscate their payload;

	c.  his unit, Company C, 720th Military Police (MP) Battalion (Bn), was a combat unit and the only mechanized MP unit in the country;

	d.  it is imperatively important to the Department of Veterans Affairs (VA) and other governmental agencies to have his combat service reflected on his DD Form 214 when he is requesting benefits; and

	e.  his military occupational specialty (MOS) 95B (Military Police) does not adequately express combat involvement just as item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not reflect the Army Commendation Medal (ARCOM) mentioned on page 6 of the evidence he provides.

3.  The applicant provides a copy of his DD Form 214 and pages 5 and 6 of his VA rating decision 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 was inducted into the Army of the United States on 16 November 1967 and that he served in MOS 95B.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that he served in the RVN from 27 September 1968 to 13 September 1969.  Item 38 (Record of Assignments) shows he performed the duties of a "security guard" and "senior military policeman" in MOS 95B and that he was assigned to Company C, 720th MP Bn during his tour in the RVN.

4.  On 19 January 1968, Headquarters, United States Army Training Center, Infantry and Fort Lewis, published Special Orders Number 19.  It shows the applicant qualified “sharpshooter” with the M-14 rifle.

5.  On 18 August 1969, Headquarters, United States Army Vietnam (USARV), published General Orders Number 3214 awarding the applicant the ARCOM for meritorious service in the RVN from September 1968 to September 1969.

6.  On 15 September 1969, the applicant was honorably released from active duty after having completed a total of 1 year and 10 months of active military service.  Item 24 of the DD Form 214 he was issued shows he earned the National Defense Service Medal, Vietnam Service Medal, and RVN Campaign Medal.


7.  The applicant provides a 2-page VA rating decision document extract that includes pages 5 and 6 only.  It confirms the VA found no evidence the applicant incurred any service-connected disabling conditions and no evidence of his combat service.

8.  Army Regulation 635-5 (Separation Documents), currently in effect, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-1 states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and it provides a brief, clear-cut record of that service.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 of the awards regulation contains guidance on the VSM and 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.

10.  Table B-1 of the awards regulation contains a list of RVN campaigns and
shows that during the applicant's tenure of assignment participation credit was granted for the Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969); TET 69 Counteroffensive (23 February 1969 – 8 June 1969); and Vietnam Simmer-Fall 1969 (9 June 1969 – 31 October 1969) campaigns.

11.  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 the applicant's tenure of assignment in the RVN, his unit (720the MP Bn) earned the Meritorious Unit Commendation (MUC) announced in Department of the Army General Order Number 36, 1970 for the period 9 February 1968 to1 February 1969 and the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he performed combat-related duties while serving in the RVN and to correct his DD Form 214 to show his award of the ARCOM.  There is sufficient evidence to support granting a portion of the requested relief.

2.  The evidence in this case includes general orders which clearly show the applicant received the ARCOM for meritorious service while in the RVN.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  In addition, the evidence of record also confirms that based on the applicant’s service and campaign participation in the RVN, he is eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, and 4 bronze service stars to be worn with his Vietnam Service Medal.  Therefore, these awards should also be added to his DD Form 214.

4.  By regulation, the DD Form 214 provides a brief, clear-cut record of a Soldier's active duty service at the time of retirement, discharge, or release from active duty service or control of the Active Army.  However, there are no provisions for documenting the types of service performed by a Soldier (i.e., combat-related service) on the DD Form 214.  Accordingly, there is no basis upon which to grant the requested relief.

5.  Additionally, corrections or changes are not made to a record for the purpose of making an individual eligible for benefits offered by another agency.

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. amending item 24 of his DD Form 214 by adding Army Commendation Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 4 bronze service stars to be worn with his already-awarded Vietnam Service Medal; and 

   b. providing him a correction to his DD Form 214 that includes 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 the combat-related service.



      __________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)                                         AR20100000160



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)