IN THE CASE OF:	 

	BOARD DATE:	3 January 2012

	DOCKET NUMBER:  AR20110013379


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 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) to show the:

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 5 bronze service stars, for wear on his previously-awarded Vietnam Service Medal, for campaigns he participated in
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  As a secondary issue, the applicant requests correction of items 39 (Campaigns) and 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record).

3.  The applicant states the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation were not awarded or authorized until after his discharge from the Army.  He further states the omission of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the   5 bronze service stars was just an oversight error.

4.  The applicant provides:

* DD Form 214
* DA Form 20
* Special Orders Number 39, Headquarters, U.S. Army Combat Surveillance School/Training Center, Fort Huachuca, AZ, dated                 8 February 1968
* Republic of Vietnam Certificate of Service
* an extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* Record of Proceedings, Army Board for Correction of Military Records (ABCMR) Docket Number AR2000050662

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 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 11 October 1967.  He completed training and was awarded military occupational specialty 64B (Heavy Vehicle Driver).   

3.  Item 31 (Foreign Service) of his DA Form 20 shows he served in the Republic of Vietnam from on or about 19 March 1968 to on or about 18 May 1969, during which time he was assigned to the 363rd Transportation Company, U.S. Army, Vietnam (USARV).  

4.  On 19 May 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 
1 year, 7 months, and 9 days of total active service, including 1 year, 
2 months, and 1 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations.  Item 24 of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 overseas service bars
5.  Department of the Army Pamphlet 672-3 shows the 363rd Transportation Company was awarded the:

* Meritorious Unit Commendation, for service between 14 February 1968 and 31 March 1969, by Department of the Army General Orders (DAGO) Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service between 20 July 1965 and 28 March 1973, by DAGO 8, dated 1974

6.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following five campaigns: 

* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969)

7.  Special Orders Number 39, Headquarters, U.S. Army Combat Surveillance School/Training Center, Fort Huachuca, AZ, dated 8 February 1968, indicates he qualified with 2 separate weapons systems in February 1968, in which he qualified at the Sharpshooter and Marksman levels.  The weapons systems are not identified on the special order; however, item 29 (Qualification in Arms) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 5 February 1968 and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) on
6 February 1968.

8.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar.  

9.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.
10.  There is no evidence in his available records that shows he was awarded the Army Good Conduct Medal (AGCM); however, there is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  Item 38 (Record of Assignments) of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit; therefore, he is entitled to correction of his   DD Form 214 to show these unit awards.

2.  His records show he participated in five campaigns during his service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show          1 silver service star (in lieu of 5 bronze service stars) to be affixed to his previously-awarded Vietnam Service Medal.

3.  The evidence of record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), neither of which are shown on his DD Form 214.  As such, it would be appropriate to accept the entry on his DA Form 20 as confirmation of his qualifications as a Sharpshooter and Marksman with the M-16 rifle, and to correct his DD Form 214 accordingly.

4.  The evidence of record shows he served honorably on active duty from 
11 October 1967 through 19 May 1969, and his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the AGCM (1st Award).  Therefore, as a matter of equity, it would be appropriate to award him the AGCM (1st Award) and correct his 
DD Form 214 to show this award.

5.  With respect to his request for correction of his DA Form 20, the Enlisted Qualification Record was a record of a Soldier's personnel management qualifications in the form of data.  The DA Form 20 is now obsolete and was only maintained while a Soldier was on active duty.  As it is not an accepted form of data for a Soldier's entitlement to post-Service benefits, there is no regulatory requirement to maintain this form after separation.  Therefore, he is not entitled to this portion of the requested relief. 

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 11 October 1967 through 19 May 1969;

   b. Amending item 24 of his DD Form 214 to delete the entry "Vietnam Service Medal"; and 

	c.  amending item 24 of his DD Form 214 to add the entries:

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with 1 silver service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar   (M-16)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) 

2.  The Board further determined 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 correcting the applicant's DA Form 20.




      _______ _   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)                                         AR20080003550



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ABCMR Record of Proceedings (cont)                                         AR20110013379




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