IN THE CASE OF:	

		BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100022106 


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 the Republic of Vietnam Campaign Medal with Device (1960), Noncommissioned Officer (NCO) Professional Development Ribbon (NCOPDR), and all other awards he is authorized.

2.  The applicant states, in effect, although he did not serve in Vietnam 6 months he was wounded in action; therefore, he is eligible for the award and he would like it to be added to his DD Form 214.  

3.  The applicant provides his DD Form 214 and a DD Form 215 (Correction to DD Form 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's records show he was inducted into the Army of the United States, for a 2-year term, on 25 February 1969.  He completed training and he was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).  

3.  Item 27 (Military Education) of his DA Form 20 (Enlisted Qualification Record) shows he completed the Field Artillery NCO Candidate Course in 1969.  Modeled after the Officer Candidate Course, the NCO Candidate Course was designed to satisfy the growing number of requirements, brought about by the war in Vietnam, with younger, more eager leaders who could easily adapt to the rigors of jungle combat.

4.  He was assigned to the Republic of Vietnam for the period 18 February to 
19 July 1970.  His records show he was assigned to Battery C, 2nd Battalion, 40th Artillery Regiment, 199th Infantry Brigade.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows on:

* 15 May 1970, he was a patient at the 249th General Hospital
* 18 July 1970, he was enroute to the Continental United States
* 19 July 1970, he was a patient at Brooke Army Medical Center, Fort Sam Houston, TX

6.  On 24 February 1971, he was honorably released from active duty and assigned to the U.S. Army Reserve Control Group for the remainder of his service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with 1 bronze service star
* Purple Heart
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  On 22 February 2006, a DD Form 215 was issued which amended item 24 of his DD Form 214 by deleting the Vietnam Service Medal with 1 bronze service star and adding the:

* Vietnam Service Medal with 3 bronze service stars
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

9.  Army Regulation 600-8-22 provides for award of the NCOPDR.  It was established by the Secretary of the Army on 10 April 1981, and is awarded to enlisted members of the Active Army and Reserve Component who, on or after
1 August 1981, successfully complete a designated NCO professional development course.  This award consists of the basic ribbon with numeral devices of 2, 3, or 4, to signify satisfactory completion of the respective levels of NCO professional development.  Once a service member has been awarded the NCOPDR, upon graduation from the Warrior Leader Course (formerly known as the Primary Leadership Professional Development Course), subsequent appropriate numerals will be awarded to identify completion of higher level courses within the NCO Education System (NCOES).  Effective 30 March 1989, a member will be awarded the NCOPDR with the numeral which identifies the highest level of NCOES successfully completed as follows: 1=Bar Ribbon Device=Primary Level; 2=Basic Level; 3=Advanced Level; and 4=Senior Level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the Republic of Vietnam Campaign Medal with Device (1960) and the NCOPDR was carefully considered and was determined to have partial merit.  

2.  The evidence of record shows the applicant was assigned to the Republic of Vietnam and he was wounded due to hostile action and medically evacuated prior to completing 6 months of service; therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960), and his DD Form 214 should be corrected to show this award.

3.  The available evidence shows he was separated from active service on 
24 February 1971.  The NCOPDR was established on 10 April 1981 for award to enlisted Soldiers after 1 August 1981.  The NCOPDR is not retroactively awarded; therefore, he is not entitled to this award or to correction of his 
DD Form 214 to show it.

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 amending item 24 of his DD Form 214 to add the Republic of Vietnam Campaign Medal with Device (1960).

2.  The Board further determined 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 award of the Noncommissioned Officer Professional Development Ribbon.



      _______ _   _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)                                         AR20100024003



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ABCMR Record of Proceedings (cont)                                         AR20100022106



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