IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110001633 


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 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaigns Ribbons Awarded or Authorized) to show the Navy/U.S. Coast Guard (USCG) Unit Commendation Ribbon (Navy) and the Combat Action Ribbon; and 

	b.  Item 14 (Military Education) to show completion of the Leadership Preparation Course, 19 June to 2 July 1967, Fort Polk, LA; and the Noncommissioned Officer (NCO) Candidate Course, 17 September to 14 December 1967, Fort Benning, GA.

2.  The applicant states his DD Form 214 contains errors. 

3.  The applicant provides:

* NAVPERS (Navy Personnel) 1650/65 (Transmittal of and/or Entitlement to Awards)
* Diploma of completion of the Infantry NCO Candidate Course
* DA Form 20 (Enlisted Qualification Record)
* Special Orders Number 306 (promotion to sergeant)




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 on 14 April 1967.  He completed basic combat training (BCT) at Fort Benning, GA, on or around 16 June 1967.

3.  Upon completion of BCT, he was reassigned to Fort Polk, LA, where he completed the below courses and he was awarded military occupational specialty 11B (Light Weapons Infantryman):

* Leadership Preparation Course from on or about 19 June 1967 to on or about 2 July 1967
* Advanced Individual Training (AIT) from on or about 3 July 1967 to on or about 31 August 1967

4.  Upon completion of AIT, he was reassigned to Fort Benning, GA and he completed the Infantry NCO Candidate Course from on or about 15 September 1967 to 14 December 1967.  Additionally, upon completion of this course, he was reassigned to Fort McClellan, AL, where he appears to have attended Phase II of the NCO Combat Leader Course. 

5.  He served in Vietnam from 10 April 1968 to 6 April 1969.  He was assigned to B Company, 3rd Battalion, 60th Infantry, 9th Infantry Division.  His unit, known as Riverine Infantry, was part of an Army/Navy Mobile Riverine Force.

6.  He was honorably released from active duty in the rank/grade of staff sergeant (SSG)/E-6 on 7 April 1969 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in:

* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Air Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device

* Item 14 (Military Education) shows the entry "None" 

7.  On 29 July 1999, he was issued a DD Form 215 (Correction to DD Form 214) that added award of the Silver Star.

8.  On 11 January 2010, he was issued a second DD Form 215 that voided the previous DD Form 215 and added four bronze service stars to his Vietnam Service Medal and added the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Silver Star, and the Republic of Vietnam Civil Actions Unit Citation.

9.  On 23 December 2010, he was reissued a DD Form 214 that shows in item 13 the below awards and in item 14 the entry "None":

* National Defense Service Medal
* Vietnam Campaign Medal with "1960" Device
* Air Medal
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Silver Star
* Republic of Vietnam Civil Actions Medal First Class Unit Citation
* Bronze star Medal (1st Oak Leaf Cluster) and with "V" Device

10.  He submitted a NAVPERS 1650/65, dated 28 January 2003, authorizing him awards of the Navy/USCG Unit Commendation Ribbon (Navy) and the Combat Action Ribbon.

11.  He submitted a diploma, dated 14 December 1967, which shows he completed the Infantry NCO Candidate Course.


12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The version of the regulation in effect at the time of the applicant's separation stated item 25 of the DD Form 214 showed installation training courses (qualification courses) successfully completed by the Soldier during the period covered by the DD Form 214.  

13.  A review of his service records indicates his entitlement to additional awards which are not shown on his records.

14.  Item 29 (Qualification in Arms) of his DA Form 20 shows he fired marksman with the M-14 rifle, sharpshooter with the M-60 machinegun, and marksman with the M-16 rifle.

15.  Item 38 (Records of Assignment) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service.  Additionally, a review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed the 2-week Leadership Preparation Course and the 12-week NCO Candidate Course in 1967.  Neither course is listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both courses. 

2.  He was awarded the Navy/USCG Unit Commendation Medal (Navy) and the Combat Action Ribbon but neither is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

3.  He fired marksman with the M-14 and M-16 rifles and sharpshooter with the M-16 machinegun.  Therefore, he is entitled to award of the Marksman Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) and correction of his DD Form 214 to show both badges.
4.  He served honorably during the period 14 April 1967 through 7 April 1969.   He attained the rank of SSG/E-6 and he received multiple combat awards and "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show it.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 April 1967 through 7 April 1969
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Navy/USCG Unit Commendation Medal (Navy)
* Combat Action Ribbon
* Marksman Marksmanship Qualification Badge with Rifle (M-14 and 
M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)







*  adding to item 14 of his DD Form 214 the entries:

* Leadership Preparation Course, 2 weeks, 1967
* NCO Candidate Course, 12 weeks, 1967



      _______ _   _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)                                         AR20110001633



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ABCMR Record of Proceedings (cont)                                         AR20110001633



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