BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100022190 


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 in:

   a.  item 5a (Grade, Rate, or Rank) the entry "SGT";

   b.  item 5b (Pay Grade) the entry "E-5";

   c.  item 6 (Date of Rank) the entry "22 May 1970"; and

   d.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) his list of awards to include the:
   
* Bronze Star Medal with First Oak Leaf Cluster
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Vietnam Service Medal with 3 bronze service stars
* Valorous Unit Award, Meritorious Unit Commendation, or the Presidential Unit Citation

2.  The applicant states his DD Form 214 does not reflect the actual facts.

3.  The applicant provides his:

* DD Form 214
* Bronze Star Medal with First Oak Leaf Cluster order
* promotion order

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 and he entered active duty on 17 October 1968.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows, in item 31 (Foreign Service), that he served in the Republic of Vietnam (RVN) from 17 April 1969 to 21 May 1970.  Item 33 (Appointments and Reductions) shows he was promoted to the rank/grade of sergeant (SGT)/E-5 on 8 May 1970, and this was the highest rank he attained while serving on active duty.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his RVN tour, he was assigned to the 2nd Battalion, 27th Infantry Regiment, 25 Infantry Division.  It also shows he received "excellent" conduct and efficiency ratings at each of his active duty assignments. 

5.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.  

6.  The applicant's record contains the following orders:

	a.  Special Orders Number 35, issued by Headquarters, 3rd AIT Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA, dated 17 February 1969, awarding him the First Class [Sharpshooter]  Marksmanship Qualification Badge with Machinegun Bar (M-60);

	b.  General Order Number 11929, issued by Headquarters, 25th Infantry Division, dated 24 September 1969, awarding him the Bronze Star Medal with "V" Device for heroism in Vietnam on 5 September 1969;

	c.  General Order Number 13151, issued by the same headquarters, dated 24 October 1969, awarding him the Army Commendation Medal for meritorious achievement in Vietnam for the period 1 August through 30 September 1969;

	d.  General Order Number 2273, issued by the same headquarters, dated 25 February 1970, awarding him the ARCOM (First Oak Leaf Cluster) for meritorious service in Vietnam from April 1969 through April 1970;

	e.  Special Orders Number 142, issued by the same headquarters, dated
22 May 1970, promoting him to SGT, effective 8 May 1970;

	f.  General Order Number 5454, issued by the same headquarters, dated
25 May 1970, awarding him the Air Medal for meritorious achievement in Vietnam from 19 May to 24 September 1969; and

	g.  General Order Number 6401, issued by the same headquarters, dated 8 June 1970, awarding him the Bronze Star Medal (First Oak Leaf Cluster) for meritorious achievement in Vietnam on 2 April 1970.

7.  On 23 May 1970, the applicant was honorably released from active duty as an overseas returnee.  He completed 1 year, 7 months, and 7 days of total active service.  The DD Form 214 he was issued at the time show his rank as "SP4" (specialist four), grade as "E-4," and his date of rank as "7 SEP 69."

8.  Item 24 of his DD Form 214 shows the:

* Combat Infantryman Badge (CIB)
* Army Commendation Medal
* National Defense Service Medal (NDSM)
* Vietnam Service Medal
* 
Bronze Star Medal
* Republic of Vietnam Campaign Medal
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4h(4) states that the active duty rank and pay grade at the time of separation will be entered in item 5a and item 5b of the DD Form 214.  The effective date of promotion taken from the most recent promotion order to the current pay grade will be entered in item 6.

10.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than
3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service with no convictions by a court-martial.

11.  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 four campaigns:

* Tet 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 27th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class unit Citation for the period 1 January 1966 through 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  By regulation, the active duty rank and pay grade at the time of separation will be entered in item 5a and item 5b of the DD Form 214 and the effective date of promotion to the current pay grade will be entered in item 6.  Special Orders Number 142, dated 22 May 1970, promoted the applicant to the rank/grade of SGT/E-5 with an effective date of 8 May 1970 and this was the rank he held on his date of separation from active duty on 23 May 1970.  Therefore, items 5a, 5b, and 6 of his DD Form 214 should be corrected accordingly.

2.  The applicant's record contains official orders which announced the applicant's award of the Bronze Star Medal (First Oak Leaf Cluster) and with "V" Device, Army Commendation Medal (First Oak Leaf Cluster), and the Air Medal, which are not documented on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The applicant's DA Form 20 confirms he received "excellent" conduct and efficiency ratings through his service and his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.  As a result, he is entitled to the first award of the Army Good Conduct Medal for the period 17 October 1968 through 23 May 1970 and correction of his DD Form 214 to show this award.

4.  The evidence of record also confirms that based on his RVN service and campaign participation, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal.  His record also shows he qualified for the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, it would also be appropriate to add these awards to his DD Form 214 at this time.

5.  There is no evidence of record showing the applicant's unit was cited for award of the Valorous Unit Award, Meritorious Unit Commendation, or the Presidential Unit Citation during his assignment in the RVN.  Therefore, there is no basis for granting this portion of the applicant's request.

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.  deleting from item 5a, 5b, and 6 of his DD Form 214 the entries "SP4, E-4, and 7 SEP 69" and replacing the respective items with the entry "SGT," "E-5," and "8 MAY 70";

	b.  deleting from item 24 of his DD Form 214 the Bronze Star Medal, Army Commendation Medal, and the Vietnam Service Medal;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 October 1968 through 23 May 1970;

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

* Bronze Star Medal (2nd Award) and with "V" Device
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Air Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)

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 the adding the Valorous Unit Award, Meritorious Unit Commendation, or the Presidential Unit Citation 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)                                         AR20100022190



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022190



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1