BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100011416 


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 award of the Bronze Star Medal, Good Conduct Medal [now known as the Army Good Conduct Medal], and the Republic of Vietnam Campaign Medal with 1960 Device.  He also requests correction of his military occupational specialty (MOS) to show 16P (Chaparral Crewman).

2.  The applicant states he was never trained in MOS 43J (Textile Repairman) he was trained in MOS 16P at Fort Bliss, Texas.

3.  The applicant provides copies of his DD Form 214 and a citation and certificate for award of the Bronze Star Medal.

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.  On 2 September 1970, the applicant was inducted into the Army of the United States for 2 years.

3.  Special Orders Number 303, Fort Leonard Wood, Missouri, dated 30 October 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) indicates he was enrolled in advanced individual training for MOS 16P and he was to be awarded this MOS on 15 January 1971.  However, these entries are lined out.

5.  The applicant departed Fort Bliss, Texas, on 1 February 1971 for on-the-job training (OJT) at Fort Lee, Virginia, in MOS 43A (Textile and Leather Repair Apprentice).  He was awarded this MOS on 6 March 1971.  He subsequently departed Fort Lee for assignment in the Republic of Vietnam.

6. On 26 June 1971, the applicant was assigned to Headquarters and Headquarters Detachment, U.S. Army Support Command as a clerk typist.

7.  Special Orders Number 238, U.S. Army Support Command, Da Nang, dated 26 August 1971, advanced the applicant to specialist four, pay grade E-4 effective 15 August 1971.  These orders were subsequently amended to withdraw his primary MOS of 43A and award him MOS 43J (Textile Repairman).

8.  On 21 March 1972, the applicant returned to the United States.

9.  On 28 March 1972, the applicant was released from active duty.  He had completed 1 year, 6 months, and 27 days of creditable active service.  His 
DD Form 214 also shows in:

	a.	Item 23a (Specialty Number & Title): 43J2O (Textile Repairman) 
15 August 1971; and

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): National Defense Service Medal and the Vietnam Service Medal.



10.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows his conduct and efficiency ratings were always "excellent."

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Bronze Star Medal.   ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

12.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the [Army] Good Conduct Medal was awarded to enlisted Soldiers who had 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.  

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase VII; the Consolidation I; and the Consolidation II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the U.S. Army Support Command, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 6, dated in 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal, Army Good Conduct Medal, and Republic of Vietnam Campaign Medal with 1960 Device and that he held MOS 16P.

2.  The evidence of record strongly indicates the applicant did not satisfactorily complete the training for award of MOS 16P and he was subsequently reassigned for OJT in MOS 43A which was later withdrawn and he was awarded MOS 43J.  He was advanced to specialist four in MOS 43J and he held this MOS at the time of his release from active duty.  Accordingly, his DD Form 214 correctly shows his MOS as 43J.  He has established no basis for changing the MOS on his DD Form 214.

3.  There are no general orders available showing the applicant was awarded the Bronze Star Medal.  The citation and certificate provided by the applicant are insufficient evidence upon which to base a correction of his records.  Should he have, or be able to obtain, a copy of orders awarding him the Bronze Star Medal, or be able to provide other evidence to corroborate this award, he may submit another application for consideration.

4.  The applicant’s records clearly show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed he did not receive the Army Good Conduct Medal due to oversight.  Accordingly, he should be awarded this medal.

5.  Records show the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his 
DD Form 214 should be corrected to show this foreign unit award.

7.  Records show the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with 1960 Device.  Therefore, his 
DD Form 214 should be corrected to show this medal.


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 for the period 2 September 1970 to 28 March 1972; and

	b.  showing, in addition to the awards already-shown on his DD Form 214, that his awards include the Army Good Conduct Medal, three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Campaign Medal with 1960 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 his MOS and award of the Bronze Star Medal.




      _______ _   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)                                         AR20100011416



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ABCMR Record of Proceedings (cont)                                         AR20100011416



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