IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110009783 


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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all awards he is authorized to include his Certificate and Letter of Appreciation and his duties as an armorer in Germany. 

2.  The applicant states that he was unaware that he could have his DD Form 214 corrected.

3.  The applicant provides copies of his Certificate and Letter of Appreciation.

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.  He enlisted in the Regular Army on 21 January 1969 for a period of 3 years.  He completed basic training at Fort Bragg, North Carolina and advanced individual training as a supplyman at Fort Knox, Kentucky before being transferred to Vietnam on 5 January 1970 for duty as a special purpose equipment repair parts specialist with the 505th Port and Construction Platoon and the 81st Quartermaster Platoon.  

3.  After serving in three campaigns he departed Vietnam for assignment to Germany.  He was assigned to the 35th Supply and Service Battalion for duty as a unit armorer.  He departed Germany on 21 December 1971 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) that date.  He had served 2 years and 11 months of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Bronze Star Medal.  

4.  A review of the applicant’s official records shows the applicant had “excellent” conduct and efficiency ratings throughout his period of service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

5.  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.

6.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Additionally, the applicant served during three campaigns while in Vietnam.

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.

9.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  It provides, in pertinent part, that the primary specialty number and title held by the Soldier at the time of separation will be entered in block 23a. It also provides that Certificates of Achievement and Letters of Appreciation will not be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his duties as an armorer should be reflected on his DD Form 214 has been noted.  The applicable regulation requires that the primary specialty held by the applicant at the time of separation will be entered on his DD Form 214.  Accordingly, his DD Form 214 properly reflects his primary specialty at the time of his REFRAD.

2.  The applicant contended that his DD Form 214 should reflect his Certificate of Achievement and Letter of Appreciation, but they are not authorized for entry of his DD Form 214.  However, he is eligible for additional awards that are not reflected on his DD Form 214.

3.  A review of the FSM's records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 21 January 1969 to 21 December 1971 and his DD Form 214 should be corrected to show this medal.

4.  The applicant served during a qualified period for award of the Republic of Vietnam Campaign Medal.  Accordingly, it should be added to his DD Form 214.

5.  The applicant served in three campaigns while in Vietnam and thus he should be awarded three campaign stars for wear on his already-awarded Vietnam Service Medal.  Additionally, he served during a period in Vietnam when his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Accordingly they should be added to his DD Form 214 at this time.


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 “Vietnam Service Medal” from his DD Form 214;
   
   b.  Awarding him the AGCM (1st Award) for the period 21 January 1969 to 
21 December 1971; and

   c.  Adding the following awards to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214:

* AGCM (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* Republic of Vietnam 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 adding his duties as an armorer and his Certificate and Letter of Appreciation to his DD Form 214.  



      _______ _   __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)                                         AR20110009783



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ABCMR Record of Proceedings (cont)                                         AR20110009783



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