IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110008736 


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 record to show he is authorized: 

   a.  the following unit awards: 

* Presidential [Unit] Citation (PUC)
* Meritorious Unit Commendation (MUC)
* Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm
* Navy Unit Commendation (NUC)

b.  credit for the following campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

c.  the following individual awards:

* "Military Police Combat Infantry Badge"
* Army Commendation Medal (ARCOM)
* Army Good Conduct Medal (AGCM)

2.  He states that the awards, citations, and ribbons he earned be recognized and has tried to substantiate the items he has requested.  He notes the Army redesignated the Military Police (MP) as a combat service arm, and he states he believes this qualifies MPs for combat badges.  He understands from other MPs of his era that there is an MP combat badge, but he cannot substantiate this.  He also states he received correspondence referencing an oak leaf cluster for his ARCOM, but did not receive the oak leaf cluster when he received the award in the mail.  

3.  He provides 13 documents identified in a list. 

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 on 5 October 1966.  After completing initial entry training, he was awarded military occupational specialty (MOS) 95B (MP).  He was honorably released from active duty on 9 August 1968 by reason of early separation of an overseas returnee.  He completed 1 year, 10 months, and 5 days of total active service.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 16 August 1967 to 15 August 1968
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with  the 527th MP Company from 19 August 1967 to 6 August 1968
* item 38 he received all "excellent" conduct and efficiency ratings

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the:

* National Defense Service Medal 
* RVN Campaign Medal
* Vietnam Service Medal (VSM)

5.  General Orders (GO) Number 530, issued by Headquarters, 18th MP Brigade, dated 6 August 1968, announced award of the ARCOM to him for his meritorious service from August 1967 to August 1968.

6.  His record is void of documentation showing he received a second award of the ARCOM.

7.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  

9.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.

10.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  The "Military Police Combat Infantry Badge" is not an authorized badge.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

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 527th MP Company was cited for award of the:  

* PUC for the period 31 January to 10 February 1968, by Department of the Army GO (DAGO) Number 17, dated 1969
* MUC for the period 1 January to 15 October 1968, by DAGO 48, dated 1969

13.  DAGO 32, dated 1973, cited the 716th MP Battalion for award of the NUC for the period 19 March 1965 to 15 March 1966.  The DAGO did not cite units attached to the 716th MP Battalion.

14.  DAGO 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

15.  Special Orders (SO) Number 26, issued by Headquarters, 2d Brigade (BCT), U.S. Army Training Center Infantry, Fort Lewis, WA, dated 24 November 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

16.  Headquarters, 518th MP Battalion, Fort Hood, TX, issued:

* SO 31, dated 24 February 1967, awarding him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* SO 88, dated 7 July 1967, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

17.  He provides:

   a.  DAGO 46, dated 1969, showing Headquarters and Headquarters Detachment (HHD), 18th MP Brigade, and two attached units were cited for award of the MUC for periods of service in 1967 and 1968.  The 527th MP Company was not cited in the DAGO.
   
   b.  DAGO 6, dated 1974, showing HHD, 18th MP Brigade, and two attached units, the 46th Military History Detachment and 284th MP Company, were cited for award of the MUC for the period 1 November 1968 to 1 April 1971.  The DAGO also shows the 18th MP Brigade and 13 subordinate units were cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 29 September 1966 to 28 March 1973.  The 527th MP Company was not cited in the DAGO.
   
   c.  DAGO 31, dated 1969, showing the 716th MP Battalion was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 17 April 1965 to 18 April 1968.  The DAGO did not cite units attached to the 716th MP Battalion.

DISCUSSION AND CONCLUSIONS:

1.  Citation of a unit for an award does not mean all subordinate units are automatically included in that citation.  The DAGO announcing unit citations generally specify included subordinate units by listing the units.  The orders he has provided do not include his unit, the 527th MP Company.  Therefore, he is not entitled to correction of his record to show the:

* MUC received by HHD, 18th MP Brigade and two attached units for periods of service in 1967 and 1968
* MUC received by HHD, 18th MP Brigade and two attached units for the period 1 November 1968 to 1 April 1971
* NUC received by the 716th MP Battalion for the period 19 March 1965 to 15 March 1966
* RVN Gallantry Cross with Palm Unit Citation received by the 18th MP Brigade and 13 subordinate units for the period 29 September 1966 to 28 March 1973
* RVN Gallantry Cross with Palm Unit Citation received by the 716th MP Battalion for the period 17 April 1965 to 18 April 1968

2.  The "Military Police Combat Infantry Badge" is not an authorized badge, and he did not serve in a unit or MOS making him eligible for the Combat Infantryman Badge.  Therefore, he is not entitled to correction of his record to show the "Military Police Combat Infantry Badge" or Combat Infantryman Badge.  

3.  He was awarded the ARCOM; however, the record is void of documentation showing he received a second award of the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show one award of the ARCOM.

4.  He received all "excellent" conduct and efficiency ratings during his service.  He was not the subject of any disciplinary actions and there is no record of a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

5.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM.

6.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Pistol Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

7.  He served in the 527th MP Company during periods for which the unit was cited for award of the PUC and the MUC.  The unit was also cited for award of the RVN Gallantry Cross with Palm Unit Citation as a subordinate unit of Headquarters, U.S. Army Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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.  awarding him the AGCM (1st Award) for the period 5 October 1966 to 9 August 1968;

	b.  deleting the VSM from item 24 of his DD Form 214; and

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

* AGCM (1st Award)
* ARCOM
* VSM with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Pistol Bar
* PUC
* MUC
* RVN Gallantry Cross with Palm Unit Citation

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 a second award of the ARCOM, the "Military Police Combat Infantry Badge," and the:

* MUC received by HHD, 18th MP Brigade and two attached units for periods of service in 1967 and 1968
* MUC received by HHD, 18th MP Brigade and two attached units for the period 1 November 1968 to 1 April 1971
* NUC received by the 716th MP Battalion for the period 19 March 1965 to 15 March 1966
* RVN Gallantry Cross with Palm Unit Citation received by the 18th MP Brigade and 13 subordinate units for the period 29 September 1966 to 28 March 1973
* RVN Gallantry Cross with Palm Unit Citation received by the 716th MP Battalion for the period 17 April 1965 to 18 April 1968



      _______ _   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)                                         AR20110008736





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ABCMR Record of Proceedings (cont)                                         AR20110008736



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