IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100008722 


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, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Transfer or Discharge) to show award of the Air Medal, Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, Good Conduct Medal, and Meritorious Unit Commendation.  He also requests, in effect, correction of item 25 (Education and Training Completed) on his DD Form 214 to show he completed the 8-week Morse Code School and the MACV [U.S. Military Assistance Command, Vietnam] Recondo School.           

2.  The applicant states his DD Form 214 is incomplete.

3.  The applicant provides:

* DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards)
* Confirmation of completion of the MACV Recondo School
* Orders for the Air Medal and Combat Infantryman Badge 

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 12 July 1966.  He arrived in Vietnam on 24 April 1968 and was assigned to Headquarters and Headquarters Company, 3rd Battalion (Airborne), 503rd Infantry.  While in Vietnam, on 11 July 1968, he was honorably discharged and transferred to the U.S. Army Reserve (USAR).  He was immediately ordered to active duty on 
12 July 1968 for a period of 9 months and assigned to the 74th Infantry Detachment, 173rd Airborne Brigade in Vietnam.  He departed Vietnam on 
2 February 1969.  On 10 February 1969, the applicant was released from active duty in the temporary rank of sergeant after completing 2 years, 6 months, and 29 days of creditable active service with no time lost.  

3.  Item 24 on the applicant's DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Bronze Star Medal, Parachutist Badge, one award of the Overseas Service Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.  Item 25 on his DD Form 214 shows he completed the 11-week Radio Teletype Operator Course.  Item 30 (Remarks) on his DD Form 214 states, in pertinent part, "INDUCTED FOR 2 YRS 12 JUL 66 TRANSFERRED TO USAR 11 JUL 68 AND ORDERED TO AC DUY [active duty] 12 JUL 68 FOR 9 MONTHS NO DD 214 ISSUED FOR AUS [Army of the United States] SERVICE."     

4.  Orders, dated 18 July 1967, show the applicant received the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  

5.  Records show the applicant participated in three campaigns during his assignment in Vietnam. 

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

7.  There is no evidence of record which shows the applicant completed the        8-week Morse Code School.  
8.  Item 27 (Military Education) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he completed the 11-week Radio Teletype Operator and the 3-week MACV Recondo School. 

9.  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 the applicant's units (3rd Battalion, 503rd Infantry; 74th Infantry Detachment; or 173rd Airborne Brigade) were not cited for the Meritorious Unit Commendation while he was assigned to them.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit (3rd Battalion, 503rd Infantry) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  

11.  A DD Form 215 (Correction to DD Form 214), dated 17 February 1970,  amended the applicant's DD Form 214 by adding the Combat Infantryman Badge and Air Medal to item 24 and adding the MACV Recondo School Class R-12-69 in item 25.  Therefore, this portion of the applicant's requests will not be discussed further in these Proceedings.  A copy of this DD Form 215 will be provided to the applicant.  

12.  In support of his claim, the applicant provided a DA Form 1577 which shows the Army Reserve Personnel Center, St. Louis, Missouri authorized the issuance of the following awards:

* Bronze Star Medal
* Air Medal
* Good Conduct Medal
* Meritorious Unit Commendation
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Sharpshooter Badge with Carbine Bar
* Marksman Badge with Rifle Bar

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star based on qualifying service 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, including the Vietnam Service Medal.  

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

15.  Army Regulation 600-8-22 states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.  

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that item 25 would list service schools, including major courses that were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Orders show the applicant received the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  Therefore, his DD Form 214 should be corrected to show this badge.



3.  The applicant was separated in the temporary rank of sergeant with 
30 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 12 July 1966 through 10 February 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Department of the Army Pamphlet 672-3 shows the applicant's units (3rd Battalion, 503rd Infantry; 74th Infantry Detachment; or 173rd Airborne Brigade) were not cited for the Meritorious Unit Commendation while he was assigned to them.  In the absence of orders for this unit commendation or other evidence of record showing the applicant's unit was cited for this award, the entry on the DA Form 1577 is not sufficient as a basis for amending item 24 on his DD Form 214 to show this unit award. 

5.  Although the applicant contends he completed the 8-week Morse Code School, there is no evidence of record and the applicant provided no evidence to support this contention.  Therefore, there is no basis for granting the applicant's request to amend his DD Form 214 to show he completed this school.

6.  The applicant's unit (3rd Battalion, 503rd Infantry) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 him the first award of the Good Conduct Medal for the period
12 July 1966 through 10 February 1969; and
	b. adding the Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 on his DD Form 214.     

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 amending item 24 on his DD Form 214 to show the Meritorious Unit Commendation or amending item 25 on his DD Form 214 to show he completed the 3-week Morse Code School.  




      _______ _   _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)                                         AR20100008722





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ABCMR Record of Proceedings (cont)                                         AR20100008722



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