IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110004546 


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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his award of the Meritorious Unit Commendation.

2.  The applicant states he was never told and his DD Form 214 does not show that his unit was awarded the Meritorious Unit Commendation.

3.  The applicant provides copies of 4 pages of the 184th Ordnance Battalion unit history, his DD Form 214, and page 2 of his 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 served on active duty in the Regular Army from 6 June 1966 through 14 March 1969.

3.  On 2 August 1966, the applicant qualified as a sharpshooter with the M-14 rifle.

4.  The applicant's DA Form 20 provides the following:

	a.  advancement to specialist four (E-4);

	b.  award of the military occupational specialty 71B (Basic Army Administration Specialist);

	c.  service in Vietnam with the 184th Ordnance Battalion from 22 November 1966 through 10 November 1967;

	d.  conduct and efficiency ratings of exclusively as "excellent";

	e.  participation during one campaign period; and

	f.  award of the "Vietnam Service Medal, National Defense Service Medal with one bronze service star, Vietnam Campaign Medal, and the Rifle Badge".

5.  The applicant's DD Form 214 shows he was honorably released from active duty under the early release to attend a civilian education program.  His awards are shown as the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and the "Vietnam Campaign Medal".

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for any personal decorations or awards for the applicant.

7.  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 that while the applicant was assigned to the 184th Ordnance Battalion, it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  


8.  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 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20.

9.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates they participated during the following two campaign periods:  the Counteroffensive Phase II, 1 July 1966 - 31 May 1967 and the Counteroffensive Phase III, 1 June 1967 - 29 January 1968.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states that at item 13 (Decorations, Medals, Badges, Citations And Campaign Ribbons Awarded Or Authorized), a Soldiers awards and decorations for all periods of service in the priority sequence specified in Amy Regulation 600-8-22.  Each entry is to be verified by the Soldier's records and abbreviations are not to be used. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was never told and his DD Form 214 does not show that his unit was awarded the Meritorious Unit Commendation.



2.  While serving in Vietnam, the applicant's unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These awards where omitted from his DD Form 214 and it is appropriate to correct the record to reflect these awards.

3.  The applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar was omitted from his DD Form 214.  It is appropriate to correct the record to reflect this badge.

4.  The applicant's award of the Republic of Vietnam Campaign Medal with Device (1960) is incorrectly listed on the DD Form 214.  It is appropriate to correct the record to show this award's proper name. 

5.  The applicant served in Vietnam during two campaign periods and as such is authorized two bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 currently shows only one bronze service star.  It is appropriate to correct the record to reflect the second bronze service star. 

6.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings, his awards, and his promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 8 April 1970 through 7 December 1971.

7.  Based on the above facts and findings it is appropriate to correct the applicant's record by deleting the entry at item 24 (Military Awards) on his DD Form 214 and showing his authorized awards as the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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:

	a.  awarding the applicant the Good Conduct Medal for the period 6 June 1966 through 14 March 1969;

	b.  by deleting the entry at item 24 (Military Awards) on the DD Form 214; and 

	c.  showing, at item 24 (Military Awards) on the DD Form 214, his awards as the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.



      ________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)                                         AR20110004546





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