IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100011378 


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 accurately reflect all of his awards.

2.  The applicant states, in effect, he has two DD Forms 214 which show some but not all of his awards.  His records may have gotten mixed up when he transferred from the 151st (Infantry) to the (53d) Signal Battalion while in Vietnam.  He states he was awarded the:

* Combat Infantryman Badge
* Parachutist Badge
* Marksman M-60 Badge
* Marksman M-14 Badge
* Vietnam Service Medal
* Jungle Expert Patch 

3.  The applicant provides three internet printouts, a photograph, and two
DD Forms 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 requested that the Combat Infantryman Badge be added to his DD Form 214.  His last DD Form 214 for the period ending 12 September 1969 shows he was awarded the Combat Infantryman Badge.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant’s record shows he enlisted in the Indiana Army National Guard   (INARNG) on 17 December 1966.  He subsequently entered active duty for training, completed the training requirements, and he was awarded military occupational specialty (MOS) 05B (Radio Operator).  He was assigned to the 151st Infantry at Greenfield, IN.

4.  On 11 May 1968, he was ordered to active duty with his ARNG unit for a period of 24 months (unless sooner released).  Records show he served with the 151st Infantry in the Republic of Vietnam (RVN) from on or about 8 February 1969 until on or about 18 April 1969.  On or about 19 April 1969, he was transferred to the 53d Signal Battalion and he served with that unit until he departed RVN on or about 10 September 1969.

5.  On 12 September 1969, he was honorably released from active duty by reason of early out to attend school.  His records show he completed a total of    1 year, 4 months, and 2 days of creditable active service during this period of service.

6.  His record contains a DD Form 214 for two periods of active service.  The initial DD Form 214 covers his active duty for training period from 1 June 1967 to
24 October 1967.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Parachutist Badge, Marksman Marksmanship Qualification Badge with Machinegun Bar
(M-60), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
 
7.  Item 24 of his DD Form 214 for the period ending 12 September 1969 shows the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Combat Infantryman Badge, and 1 overseas service bar.

8.  The available records do not contain any orders indicating attendance at the Jungle Warfare Training Center or award of the Jungle Expert Patch.

9.  Item 29 (Qualification in Arms) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he qualified as a sharpshooter with the M-14 rifle on 8 July 1967.  It further shows he qualified as a marksman with the M-14 on
25 August 1967.

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

11.  Although item 38 (Record of Assignments) of his DA Form 20 is void of any conduct and efficiency ratings during his assignment in Vietnam, a review of his service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in RVN, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)  

14.  Army Regulation 600-8-22, paragraph 1-31c(11) provides for the revocation of marksmanship badges.  It states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 53d Signal Battalion, his unit was cited for award of the Meritorious Unit Commendation for the period 1 July 1968 - 31 December 1969 by Department of the Army General Order (DAGO) Number 48, dated 1971.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that DAGO
Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

17.  Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in effect, 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.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to accurately reflect all his awards was carefully considered.  There is sufficient evidence to grant partial relief.

2.  The evidence of record confirms he served honorably from 11 May 1968 through 12 September 1969.  He served in Vietnam, attained the rank/grade of SGT/E-5 and was awarded multiple combat awards.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this award
 
3.  The Parachutist Badge, Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) are listed on his DD Form 214 for the period ending
24 October 1967.  Under current standards, all awards and decorations for all periods of service will be reflected on a subsequent DD Form 214.  Therefore, it would be equitable to add these awards to his DD Form 214 for the period ending 12 September 1969.

4.  Although his DD Form 214 for the period ending 24 October 1967 also lists the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), records show he subsequently qualified as a marksman with the same weapon.  Therefore, by appropriate Army regulation, his sharpshooter qualification with the M-14 rifle was automatically revoked.

5.  General orders awarded the Meritorious Unit Commendation to his unit, the 53d Signal Battalion, during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit awards.

6.  General orders awarded all units in Vietnam the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  The evidence of record shows he participated in three campaign phases during his assignment in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

8.  There is no evidence of record and the applicant did not provide any orders or other documentary evidence to support entitlement to the Jungle Expert Patch.  In addition, the Jungle Expert Patch is not listed as an authorized award in Army Regulation 600-8-22.  It is also not an authorized uniform item under the provisions of Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia).  Therefore, there is no basis for adding the Jungle Expert Patch 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.  awarding him the Army Good Conduct Medal (1st Award) for the period  11 May 1968 through 12 September 1969;
   
   b.  deleting from item 24 of his DD Form 214 for the period ending
12 September 1969 the Vietnam Service Medal; and

   c.  adding to item 24 of his DD Form 214 for the period ending 12 September 1969, the Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, Parachutist Badge, and the Marksman Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars.

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 Jungle Expert Patch 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)                                         AR20100011378



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ABCMR Record of Proceedings (cont)                                         AR20100011378



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