IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100026984


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 Army Good Conduct Medal
* the Vietnam Service Medal with two or three bronze service stars
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* any shooting/qualification badges
* all decorations awarded to his unit in Vietnam, such as the Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), Valorous Unit Award (VUA)

2.  The applicant states he should receive the Army Good Conduct Medal based on his enlisted service.  All of the other awards, badges, and unit decorations were omitted from his DD Form 214 upon leaving Vietnam and the Army.

3.  The applicant provides:

* Two DD Forms 214
* A letter from the National Personnel Records Center, dated 7 January 2010
* A citation for award of the Army Commendation Medal


* A DA Form 66 (Officer Qualification Record)
* A DA Form 20 (Enlisted Qualification Record)

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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 1 March 1968 for 6 years.  On 6 June 1968, he was discharged from the USAR DEP and he enlisted in the Regular Army on 7 June 1968 for 2 years.  He enlisted for the Officer Candidate School (OCS) option.

3.  The applicant's DA Form 20 shows he underwent Basic Combat Training at Fort Dix, NJ from on or about 17 June 1968 to on or about 11 August 1968.  He then underwent Infantry Advanced Individual Training, also at Fort Dix, from on or about 12 August 1968 to on or about 5 October 1968.  Item 29 (Qualification in Arms) shows he qualified as an expert with the M-14 rifle on 11 July 1968 and as a sharpshooter with the M-14 rifle on an illegible date.

4.  The applicant reported to Fort Benning, GA on or about 20 October 1968 to attend Infantry OCS.  He successfully completed OCS and he was discharged on 21 April 1969 in order to accept a commission as a second lieutenant (2LT).  His enlisted DD Form 214 shows he served 10 months and 15 days of active service during this period, and 3 months and 6 days of other service [USAR DEP], for a total of 1 year, 1 month, and 21 days of creditable service for basic pay purposes.  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 and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).


5.  The applicant was appointed as an infantry 2LT on 22 April 1969.  He remained at Fort Benning as a small arms instructor at the Infantry School from 22 April 1969 to on or about 15 September 1969, when he was ordered to Vietnam.

6.  The applicant arrived in Vietnam on or about 21 October 1969 and he was assigned to Company A, 1st Battalion, 12th Cavalry, 1st Cavalry Division as a rifle platoon leader.  On or about 18 January 1970, he was assigned duties as company executive officer.

7.  On or about 21 February 1970, the applicant was admitted as a patient to the 3rd Field Hospital in Saigon because he injured his leg.  On or about 24 February 1970, he was evacuated to the U.S. Army Hospital, Camp Zama, Japan.  On
19 May 1970, he departed Japan en route to Fort Jackson, SC.  He was subsequently assigned there on or about 1 June 1970.

8.  The applicant was honorably released from active duty at Fort Jackson on 9 April 1971.  His DD Form 214 for this period of service shows he served 1 year, 11 months, and 18 days of active duty as an officer.  He served a total of 2 years,
10 months, and 9 days of officer and enlisted service.  Item 24 of this
DD Form 214 shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal with "V" Device
* Army Commendation Medal

9.  Item 23 (Qualification in Arms) of his DA Form 66 is blank.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been 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 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 Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 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 that during his period of assignment to the
1st Battalion, 12th Cavalry, it was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by Department of the Army General Order (DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows that while the applicant was not assigned to the 1st Battalion, 12th Cavalry, it was cited for award of the:

* Presidential Unit Citation for the period 23 October through 26 November 1965 and 2 through 3 October 1966
* Valorous Unit Award for the period 1 May through 29 June 1970 and 
23 September through 25 October 1971

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty as an enlisted Soldier for 10 months and 15 days.  According to Army Regulation 672-5-1, then in effect, an enlisted Soldier must have served a minimum of 1 year of active Federal military service to be eligible for the Army Good Conduct Medal, which the applicant did not attain.  Therefore, he is not entitled to this award.

2.  The applicant's enlisted DD Form 214 shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  The National Defense Service Medal was carried forward to his officer DD Form 214, but the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) was not.  Therefore, this qualification badge should be added to his officer DD Form 214.

3.  The applicant's DA Form 20 shows he qualified as an expert with the M-14 rifle.  Therefore, the Expert Marksmanship Qualification Badge with Rifle Bar
(M-14) should be added to his officer DD Form 214.

4.  The applicant was awarded the Vietnam Service Medal; however, no bronze service stars were included.  He participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  The applicant served with the 1st Battalion, 12th Cavalry during which time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these foreign unit decorations should be added to his officer DD Form 214.

6.  Although the applicant's unit in Vietnam was cited for award of the Presidential Unit Citation and the Valorous Unit Award, he was not assigned to the unit during the qualifying period for the awards.  Therefore, he is not entitled to correction of his DD Form 214 to show these awards.

7.  There is no evidence his unit in Vietnam was cited for award of the Meritorious Unit Commendation at any time.  Therefore, he is not entitled to correction of his DD Form 214 to show this unit award.


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 24 of his DD Form 214 for the period ending 9 April 1971 the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 for the period ending 9 April 1971 the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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 the Army Good Conduct Medal, Presidential Unit Citation, Valorous Unit Award, or the Meritorious Unit Commendation.



      ____________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)                                         AR20100026984



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ABCMR Record of Proceedings (cont)                                         AR20100026984



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