IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100009652 


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) as follows:

* show award of the Army Commendation Medal and the Meritorious Unit Commendation
* show he has 10-percent Department of Veterans Affairs (VA) disability compensation
* show completion of military occupational specialty (MOS) 17K (Radar Operations Ground Control Radar) training

2.  The applicant states he would like to set his record straight.  He is getting older and is not in good health.  He would like his DD Form 214 to reflect accurate information.

3.  The applicant provides a copy of his Army Commendation Medal orders and certificate and a copy of his VA rating decision.

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 records show he enlisted in the Regular Army on 19 July 1968.  He completed basic combat and advanced individual training and he was awarded MOS 26C (Combat Area Surveillance Radar Repairer).  He served with Company C, 701st Maintenance Battalion, in the Republic of Vietnam from on or about 12 August 1969 to on or about 10 August 1970.

3.  He was honorably released from active duty on 19 April 1971 and he was transferred to the U.S. Army Reserve Control Group for completion of his service obligation.  His DD Form 214 shows the following entries:

* item 23a (Specialty Number and Title) shows he held MOS 26C3O
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, two overseas service bars, Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16), Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, and Vietnam Campaign Medal with Device (1960)
* item 25 (Education and Training Completed) shows completion of the 
26-week Combat Area Surveillance Radar Repairman Course
* item 28 (VA Claim Number) shows the entry "None"

4.  Headquarters, U.S. Army Support Command, Saigon, General Orders Number 1113, dated 3 August 1970, awarded him the Army Commendation Medal for meritorious service in connection with military operations in Vietnam.

5.  His records contain a certificate, dated 28 October 1969, showing he completed the Radar Set, AN/PPS-5 Maintenance Course, from 20 October 1969 to 28 October 1969 at the U.S. Army Training Facility in Long Binh, Vietnam.

6.  His records do not contain official orders awarding him MOS 17K.  His DA Form 20 (Enlisted Qualification Record) does not show he met the requirements for award of MOS 17K.

7.  He submitted a copy of his VA rating decision that shows he was awarded service-connected disability compensation on 14 March 1974; however, there is no indication he was assigned a VA Claim Number on the date he was released from active duty on 19 April 1971.

8.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for three campaigns during his service in Vietnam as follows:  Vietnam Summer-Fall (9 June 1969 to 31 October 1969), Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970), and DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Headquarters, Department of the Army, General Orders Number 8, dated 1974, awarded the 701st Maintenance Battalion the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  Headquarters, Department of the Army, General Orders Number 53, dated 1974, awarded the 701st Maintenance Battalion, 1st Infantry Division, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1965 to 7 April 1970.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 701st Maintenance Battalion was awarded the Meritorious Unit Commendation, but not during his tenure.

13.  Army Regulation 635-5 (Separations Document) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  Item 23a showed the specialty number and title at the time of separation.  Item 25 showed the installation training or qualification courses, military correspondence courses, off-duty courses, and other training courses the enlisted person completed successfully during the period covered by the DD Form 214, and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling.  Item 28 showed the claim number which was as important to the VA as the service number to the Army.  If a number had been assigned to the individual, it may be obtained from any correspondence the member had received in connection with benefits for which he had previously applied.

14.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time of the applicant's discharge, prescribed the criteria and/or specifications for each MOS and grouped MOS's within a career management field.  It stated that MOS 17K required completion of formal training for award of this MOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Army Commendation Medal, Meritorious Unit Commendation, MOS 17K, and his VA Claim Number.

2.  General orders awarded him the Army Commendation Medal for meritorious service which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three, instead of two, bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The evidence of record shows he completed the 1-week Radar Set, 
AN/PPS-5 Maintenance Course, from 20 October 1969 to 28 October 1969 in Vietnam.  There is no harm to the Army or the Soldier if this course is added to his DD Form 214.

6.  With respect to the Meritorious Unit Commendation, the evidence of record shows his unit of assignment in Vietnam was awarded multiple awards of the Meritorious Unit Commendation, but none during his tenure.  Therefore, he is not entitled to this award.

7.  With respect to MOS 17K, there is no evidence in his records and he did not provide any evidence that he completed the Radar Operation Ground Control Radar training requirements or was awarded MOS 17K.  Additionally, he was awarded MOS 26C and held this MOS at the time of his separation.  This MOS is correctly shown on his DD Form 214.

8.  With respect to the VA Claim Number, the evidence of record shows he was awarded VA service-connected disability compensation on 14 March 1974, some 3 years after he was released from active duty.  However, there is no indication he was assigned a VA Claim Number on the date he was released from active duty on 19 April 1971.  Therefore, the entry in item 28 is correctly recorded as "None."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars
* adding to item 24 of his DD Form 214 the Army Commendation Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* adding to item 25 of his DD Form 214 the entry "Radar Set, AN/PPS-5 Maintenance Course, 1 week, 1969, Long Binh, Vietnam"

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 Meritorious Unit Commendation, completion of the Radar Operation Ground Control Radar training requirements or award of MOS 17K, and assignment of a VA Claim Number.



      _____________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)                                         AR20100009652



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ABCMR Record of Proceedings (cont)                                         AR20100009652



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