IN THE CASE OF:	  

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100018712 


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 reflect all of his authorized awards.

2.  The applicant states, in effect, that his DD Form 214 does not reflect all of his authorized awards and he desires it to be corrected at this time.  He also states that he may be able to provide supporting documents when he is released from incarceration and he is sure he was awarded the Army Good Conduct Medal because his name is engraved on the back.

3.  The applicant provides a two-page handwritten letter explaining his application.

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 in Houston, TX on 25 March 1970.  He completed his basic training at Fort Polk, LA and his advanced individual training as a UH-1 Helicopter Repairman at Fort Rucker, AL before being transferred to Vietnam on 1 December 1970.

3.  He was assigned to the 330th Transportation Company (Aviation General Support) in Vung Tau.  He was advanced to the rank/grade of specialist four (SP4)/E-4 on 15 April 1971.

4.  He departed Vietnam on 30 November 1971 after being credited with participation in two campaigns.  He was transferred to Oakland Army Base, CA where he was honorably released from active duty (REFRAD) on 30 November 1971 as an early overseas returnee.  He completed 1 year, 8 months, and 6 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  A review of his records show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Further review of his records as well as a review of the of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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, failed to reveal any orders for any additional awards.  However, he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.

7.  On 17 May 1985 the Reserve Components Personnel Administration Center authorized the issuance of the Army Good Conduct Medal to the applicant.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that at the time of the applicant’s assignment, his unit was cited for award of the:

* Meritorious Unit Commendation during the period 1 February 1970 - 
31 July 1970 by Department of the Army General Orders Number 5, dated 1973
* Meritorious Unit Commendation during the period 1 August 1971 - 30 April 1972 by DAGO Number 32, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 1 January - 31 December 1971 by DAGO Number 32, dated 1973
* 
9.  Department of the Army Pamphlet 672-3, paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period
20 July 1965 to 28 March 1973.

10.  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 Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

11.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and found to have some merit.  The evidence of record shows that the applicant is entitled to awards that are not reflected on his DD Form 214.

2.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this qualification badge.

3.  The applicant participated in two campaigns in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam service Medal.

4.  Although there are no orders awarding him the Army Good Conduct Medal, his records show he was qualified to receive that award and it was issued to him.  Accordingly it is reasonable to presume that it was in fact awarded to him and it should be added to his records at this time.

5.  Additionally, the applicant’s unit was subsequently awarded two awards of the Meritorious Unit Commendation, a Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and

	b.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation with one oak leaf cluster
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Good Conduct Medal (first award)

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20100018712



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ABCMR Record of Proceedings (cont)                                         AR20100018712



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