IN THE CASE OF:	  

		BOARD DATE:	    29 March 2011

		DOCKET NUMBER:  AR20100023309


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected as follows:

* Item 8 (Place of Birth (POB)) change Greenfield, VA to Greenfield Township (Blair), PA
* Item 12 (Last Duty Assignment and Major Command) change Army Post Office (APO) to APO 96318
* Item 24 (Decorations, etc) add Army Commendation Medal, M-16, and the Republic of Vietnam Campaign Medal

2.  The applicant states he went to the Altoona, PA James E. Van Zandt Department of Veterans Affairs (VA) Medical Center for medical benefits.  The VA representative said the VA looks at a veteran's DD Form 214 for the Republic of Vietnam Campaign Medal as proof of service in Vietnam.  As for the M-16 Rifle, he says he qualified with that weapon in March or April 1967 at Aberdeen Proving Grounds, MD.

3.  The applicant provides:

* a statement
* his DD Form 214
* Army Commendation Medal (ARCOM) orders
* his birth certificate



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 born in Greenfield Township, PA.  (There are three Greenfield Townships in PA, located in Erie County, Lackawanna County, and Blair County.)  He enlisted in the Regular Army for 3 years on 7 December 1966 and served until he was honorably released on 26 August 1969 and transferred to the U.S. Army Reserve a period of 2 years, 8 months, and 20 days.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

* Basic Combat Training (BCT) at Fort Benning, GA, 16 December 1966 to 24 February 1967
* Advanced Individual Training (AIT) at Aberdeen Proving Ground, MD, 24 February to 21 April 1967
* Military Occupational Specialty (MOS) 63C (Track Vehicle Mechanic)
* Service in USARPAC [US Army Pacific], Vietnam from 29 May 1967 to 24 August 1969 with Service Battery, 3rd Battalion, 6th Artillery
* He was separated at Fort Lewis, WA on 26 August 1969

4.  The applicant's records show he was awarded the following medals:

* Good Conduct Medal (GCMDL)
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal (RVNCM) with Device (1960) 
* Marksman Marksmanship Qualification Badge (Rifle M-14)
* Four Overseas Service Bars



5.  Special Orders Number 237, Headquarters, U.S. Army Personnel Center, Fort Lewis, dated 25 August 1969, released the applicant from active duty.  These orders show the APO number of his last duty assignment as APO 96318.

6.  General Orders Number 596, Headquarters, I Field Force Vietnam, dated     14 September 1969, awarded him the Army Commendation Medal.

7.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. (Examples: Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.)  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.  Marksmanship qualification badges are awarded on orders.

8.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The applicant participated in 8 campaigns as shown:

* Vietnam Counteroffensive, Phase II, 1 July 1966 - 31 May
* Vietnam Counteroffensive, Phase III, 1 June 1967 - 29 January 1968.
* TET Counteroffensive, 30 January 1968 - 1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968 - 30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968 - 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 - 22 February 1969
* TET 69 Counteroffensive, 23 February 1969 - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 


Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 17 April 1971 by Department of the Army General Order Number 54, dated 1974.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214.

2.  The applicant was born in Greenfield Township, PA.  His DD Form 214 shows Greenfield, VA.  This should be corrected.  The county is important because there are three Greenfield Townships in PA, located in Erie County, Lackawanna County, and Blair County.  The applicant's DD Form 214 should reflect Greenfield Township (Blair), PA.

3.  The applicant was issued General Orders awarding him the Army Commendation Medal for meritorious achievement while serving in Vietnam.  This award should be added to his DD Form 214.

4.  The applicant's APO address was APO 96318, not APO 962318.  This should be corrected on his DD Form 214.

5.  There is no evidence the applicant qualified with the M-16 Rifle.

6.  The applicant states he needs the Republic of Vietnam Campaign Medal added to his DD Form 214 because the VA cannot verify his Vietnam service without that award.  The award is already on his DD Form 214 as the RVNCM and no correction is needed.  

7.  The RVNCM is not the sole criteria for determining Vietnam service.  In order to dispel any doubt about the applicant's service in Vietnam, the following will be added to Item 30 (Remarks) on his DD Form 214 – "Service in the Republic of Vietnam from 29 May 1967 – 24 August 1969."

8.  The applicant received the Vietnam Service Medal, but it does not reflect the 8 campaigns in which he served.  His DD Form 214 should show the Vietnam Service Medal with one silver service star and three bronze service stars.

9.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit.  This foreign unit award should be added to his DD Form 214.



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 the entry in Item 8 of his DD Form 214 and adding "Greenfield Township (Blair), PA." 

   b.  Deleting "APO 962318" and adding "APO 96318" to Item 12 of his 
DD Form 214.

   c.  Deleting the awards in item 24 of the DD Form 214 and adding the following awards and correctly spelling them out:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with one silver service star and 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Overseas Service Bars (4)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
   
   f.  Adding to Item 30 of his DD Form 214 – "Service in the Republic of Vietnam from 29 May 1967 – 24 August 1969."

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 adding a qualification badge for the M-16. 




      _________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)                                         AR20100023309



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ABCMR Record of Proceedings (cont)                                         AR20100023309



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