IN THE CASE OF:	  

		BOARD DATE:	1 March 2011

		DOCKET NUMBER:  AR20100021416


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, in effect, 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 (BSM) and his completion of the Advanced Electronic Accounting Machine Repairer Course.   

2.  The applicant states, in effect, he was awarded the BSM, and he attended the Advanced Electronic Accounting Machine Repairer Course at Fort Monmouth, NJ.   

3.  The applicant provided:

* DD Form 214
* BSM award certificate
* General Orders Number 3288

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 record shows he enlisted in the Regular Army, for a 3 year term, on 16 April 1969.  He completed training and he was awarded military occupational specialty (MOS) 34B (Electrical Accounting Machine Repairer [later renamed Tabulating Equipment Repairman]).

3.  He served in the Republic of Vietnam (RVN) from 1 November 1970 to
1 November 1971.  While in Vietnam he was assigned to the U.S. Army Data Service Center, U.S. Army Vietnam.

4.  On 2 November 1971, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 5, Early Separation of Overseas Returnee, and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows he completed 2 years, 6 months, and 17 days of net service during this period of active duty, including 1 year of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the following entries:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal 

6.  Item 25 (Education and Training Completed) of his DD Form 214 contains the entry "Elec Acct Mach – 34B20 – 27wks – 70."

7.  General Orders Number 3288, Headquarters, United States Army Vietnam, dated 24 November 1971, awarded him the BSM for meritorious service in connection with military operations against a hostile force, in the Republic of Vietnam, during the period November 1970 to November 1971.

8.  Special Orders Number 156, Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC, dated 5 June 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  Special Orders Number 198, Headquarters, U.S. Army Signal Center and School, Fort Monmouth, NJ, dated 30 September 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  Special Orders Number 183, Headquarters, U.S. Army Signal Center and School, Fort Monmouth, NJ, dated 9 September 1970, awarded him primary MOS 34B2OG1, upon completion of the UNIVAC 1004/1005 (Additional Skill Identifier (ASI) G1) course, effective 11 September 1970.  His DA Form 20 (Enlisted Qualification Record) shows this was a 20-week course.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the unit to which he was assigned was cited for the following unit citations:

   a. Meritorious Unit Commendation, for the period 1 August 1968 to 30 April 1972, by Department of the Army General Order Number 5, dated 1973.

   b. RVN Gallantry Cross with Palm Unit Citation, for service in Vietnam with Headquarters, United States Army Vietnam and its subordinate units, for the period 20 July 1965 to 28 March 1973, by Department of the Army General Order Number 8, dated 1974.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the BSM; therefore he is entitled to correction of his DD Form 214 to show this award.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  General orders awarded his unit of assignment in Vietnam the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Special orders awarded him primary MOS 34B2OG1 upon completion of the UNIVAC 1004/1005 (ASI G1) course; therefore, he is entitled to correction of his DD Form 214 to show he completed this 20-week course. 


BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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. Amending item 24 of his DD Form 214 to add the:

* BSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation

   b. Amending item 25 of his DD Form 214 to add: 

* UNIVAC 1004/1005 course (ASI G1) – 34B20G1 – 20wks – 1970



      ___________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100021416



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