IN THE CASE OF:	  

		BOARD DATE:  24 January 2012

		DOCKET NUMBER:  AR20110015106 


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 (Armed Forces of the United States Report of Transfer or Discharge)  be corrected to show awards of the Army Good Conduct Medal (AGCM), the Vietnam Service Medal with two or three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, his expert marksmanship badge and any other unit awards he is entitled to receive.

2.  The applicant states that all of his awards were not included on his DD Form 214 at the time of his release from active duty (REFRAD).

3.  The applicant provides a copy of his DD Form 214, a copy of orders awarding him the Expert Marksmanship Badge with rifle bar, a Certificate of Achievement and a copy 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 was inducted in Atlanta, Georgia on 1 December 1965.  He completed his basic training at Fort Benning, Georgia and his advanced individual training as a combat engineer at Fort Knox, Kentucky before being transferred to Vietnam on 1 September 1966.

3.  He was assigned to Company B, 299th Engineer Battalion and participated in two campaigns before departing Vietnam on 1 September 1967 for Fort Lewis, Washington, where he was honorably REFRAD as an overseas returnee.  He had served 1 year, 9 months and 3 days of total 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 (VSM), the Republic of Vietnam Campaign Medal and the Expert Marksmanship Badge.

4.  The orders provided by the applicant shows that he was awarded the Expert Marksmanship Badge with rifle bar on 21 January 1966.

5.  A review of the applicant’s official records shows that he had excellent conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the AGCM.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  There is no evidence to show that his unit was awarded the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation during the period he served with the unit.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal which in this case is the VSM.

8.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in two campaigns while in Vietnam and is entitled to have two bronze service stars added to his already awarded VSM.

2.  The applicant was awarded the Expert Marksmanship Badge with rifle bar and that award should be properly reflected on his DD Form 214.

3.  A review of the applicant's records shows 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 first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 1 December 1965 to 3 September 1967 and his DD Form 214 should be corrected to show this award.

4.  Additionally, the evidence of record shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, this unit award should be added to his records at this time as well.

5.  However, there is no evidence to show that his unit was awarded the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation during the period he served with the unit.  Accordingly, there appears to be no basis to add that award to his DD Form 214.

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:

* Deleting the entry “VSM” from block 24 of his DD Form 214
* Adding the entry “VSM w/two bronze service stars to block 24 of his DD Form 214
* Deleting the entry “Exp Bdg” from block 24 of his DD Form 214
* Adding the entry “Expert Marksmanship Badge w/rifle bar” to block 24 of his DD Form 214
* Awarding him the AGCM (1st Award) for the period 1 December 1965 to 3 September 1967 and adding it to block 24 of his DD Form 214
* Adding the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to block 24 of his DD Form 214

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 the award of the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation to his DD Form 214.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20110015106





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ABCMR Record of Proceedings (cont)                                         AR20110015106



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