BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007434 


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

* Item 5a (Grade, Rate or Rank) to show he was a sergeant (SGT)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* his overseas service bars to reflect "eight" instead of "four"   

2.  The applicant states he needs the above items corrected to be eligible for benefits from the Department of Veterans Affairs.

3.  The applicant provides the following:

* A copy of Special Orders (SO) Number 291, dated 20 November 1968, Headquarters, 53rd General Support Group promoting him to SGT E5
* A copy of SO Number 197, dated 10 October 1967, Headquarters, U.S. Army Quartermaster School Brigade for weapons qualification
* A copy of an excerpt from Department of the Army Pamphlet 672-3 (Decorations, Awards, and Honors Unit Citation and Campaign Participation Credit Register)
* A copy of a page from an internet website which lists the campaigns for Vietnam
* A copy of his 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 DD Form 214 shows he enlisted in the Regular Army on 
3 April 1967.  He completed basic and advanced individual training and he was awarded military occupational specialty (MOS) 92C (Petroleum Laboratory Specialist).  He was honorably released from active duty on 16 November 1969. He completed a total of 2 years, 7 months, and 14 days of active service.  

3.  Item 24 of his DD Form 214 shows he earned the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Army Commendation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and four overseas service bars.  

4.  The applicant’s DD Form 214 further shows in item 5a his rank as specialist five (SP5).  He served overseas in the U.S. Army Pacific (USARPAC), Republic of Vietnam for 1 year, 11 months, and 24 days.  His last unit of assignment is listed as the 528th Quartermaster Company, U.S. Army, Vietnam (USARV).  He departed the United States for Vietnam on 21 November 1967.  He returned to Fort Lewis, Washington on or about 15 November 1969.  He was honorably released from active duty on 16 November 1969 and transferred to the United States Army Reserve Control Group (Reinforcement). 

5.  The applicant provides a copy of SO Number 291, dated 20 November 1968, which lists his rank as SGT and a copy of SO Number 197, dated 10 October 1967, which shows he earned the Expert Marksmanship Qualification Badge with M-16 Rifle Bar. 

6.  A review of the applicant's records indicates entitlement to additional awards which are not shown on his DD Form 214.

7.  The applicant's record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (GCMDL) for the period 3 April 1967 through 16 November 1969.  His records are also void of a DA Form 20 (Enlisted Qualification Service Record), which would confirm whether he received "excellent" conduct and efficiency ratings during the period that he served.  However, the available records do contain awards and letters of appreciation, and they are void of any derogatory information or punitive actions. 

8.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army GCMDL was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period ended 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.

9.  Department of the Army General Orders (DAGO) 8, dated 1974, announced award of the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm for service in the RVN to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  DAGO Number 39, dated 1970, awarded the 528th Quartermaster Company the Meritorious Unit Commendation for service in the RVN during the period 
1 January 1968 to 31 May 1969.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Eight designated campaigns coincide with the applicant's period of service in the RVN:

* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
* TET Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phases IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phases V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive, Phases VI (2 November 1968 – 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 – 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970)

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  It also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.
13.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months of active Federal service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit towards the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show he held the rank of SGT, qualified as an expert with the M-16 Rifle and was authorized to wear eight overseas service bars was carefully considered and partially supported by the evidence.  

2.  A copy of SO Number 291confirm the applicant was promoted to the rank of SGT on 20 November 1968.  Thus, there appears to be an error related to the rank listed in item 5a of his DD Form 214.  As a result, he is entitled to have his DD Form 214 corrected to show this rank.   

3.  A copy of SO Number 197 confirms he earned the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.  As a result, he is entitled to have his DD Form 214 corrected to show this qualification badge.

4.  The applicant's records are void of a copy of his DA Form 20 to show he received "excellent" conduct and efficiency ratings throughout his military career.  However, based on his overall record of service and as a matter of equity, it would be appropriate to award him the first award of the Army GCMDL for completion of a qualifying period of Federal military service during the period 
3 April 1967 through 16 November 1969.  

5.  GO's awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation which are not shown on his 
DD Form 214.  He is entitled to correction of his records to show these unit awards.

6.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in eight campaigns while serving in the RVN.  Therefore, he is entitled to one silver service star and three bronze service stars for wear on his previously-authorized Vietnam Service Medal.

7.  The applicant served in Vietnam for a total of 1 year, 11 months, and 24 days.  The regulatory guidance states one overseas service bar is authorized for each period of 6 months in Vietnam.  He is authorized to wear four overseas service bars for his service in Vietnam.  His DD Form 214 is correct as shown and there does not appear to be an error or injustice.  Therefore, he is not entitled to correction of his records to show eight overseas service bars.

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 5a of his DD Form 214 to show the rank of "SGT";

	b.  Deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	c.  Awarding him the Army Good Conduct Medal for the period 3 April 1967 through 16 November 1969; and

	d.  Adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st award)
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with one silver service star and three bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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 authorization of eight overseas service bars.



      _______ _   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)                                         AR20100007434



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (c