IN THE CASE OF:	  

		BOARD DATE:  10 April 2012

		DOCKET NUMBER:  AR20110020555 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

	a.  all of his awards, to include his Bronze Star Medal (BSM) with "V" Device;

	b.  all unit awards he may be authorized, to include the Valorous Unit Award (VUA);

	c.  his correct primary specialty as 1331 (Combat Engineer); and

	d.  his demolition and mine warfare training.

2.  The applicant states his military records have never been properly updated resulting in omission of his awards and training.  When he returned from the Republic of Vietnam (RVN) he, like many of his brother Vietnam returnees, were given quick once-over physicals and hurried through the process.  He further contends that his unit was awarded the VUA in May 2010.  (He did not specify which of his units received it).

3.  The applicant provides copies of:

* orders for his two BSMs dated in April and June 1967
* a letter of appreciation with endorsements dated 25 February 1967
* certificates of training for the Maintenance Supervisors Course and the Demolitions and Mine Warfare Course issued in September 1965
* orders releasing him from active duty dated in June 1967
* letter orders reassigning him to the U.S. Army Reserve (USAR) Control Group (Standby) dated in September 1969
* letters for promotion consideration and selection dated in July and October 1969 and August 1970
* letter orders reassigning him to the USAR Control Group (Standby-Inactive) dated in December 1970

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.  On 8 April 1965, the applicant was ordered to active duty as a second lieutenant, Corps of Engineers, USAR.  On 9 April 1965, he was awarded primary specialty 1328 (Construction Engineer).

3.  Special Orders Number 91, dated 7 May 1965, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 21 July 1965, the applicant completed the Basic Airborne Course.  His specialty was changed to 71328 to indicate he was a construction engineer with parachutist qualification.

5.  On 22 July 1965, the applicant departed Fort Dix, New Jersey for duty in Europe where he was assigned as a platoon leader with Company C, 293rd Engineer Battalion.  In September 1965, he completed the Demolitions and Mine Warfare Course.

6.  On 13 May 1966, the applicant departed Europe for duty in the RVN.

	a.  His assignments in the RVN included:

* 19th Engineer Battalion (Combat) from 30 June 1966 to 10 May 1967
* 45th Engineer Group (Construction) from 11 May to 21 June 1967

	b.  On 12 November 1966, he was awarded a secondary specialty of 51331 indicating he was a combat engineer qualified as a reconnaissance officer.

	c.  The following general orders were issued by the 18th Engineer Brigade:

* Number 23, dated 20 April 1967 awarded him the BSM for meritorious service
* Number 112, dated 19 June 1967, awarded him the BSM with "V" Device for heroism

	d.  On 21 June 1967, he departed the RVN en route to Fort Lewis, Washington.

7.  On 28 June 1967, the applicant was released from active duty.  He had attained the rank of first lieutenant, pay grade O-2, and had completed 2 years, 
2 months, and 21 days of creditable active duty service.

8. The applicant's DD Form 214 shows:

	a.  in Item 23a (Specialty Number and Title): 71328-Parachutist;

	b.  in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Bronze Star Medal
* Vietnam Campaign Medal

	c.  and in Item 25 (Education and Training Completed):

* 4 years college-BS Degree-Civil Engineering
* Engineer Officer Basic Course
* Airborne

9.  A search of the internet shows that Permanent Orders 252-09 dated 
9 September 2009 awarded the VUA to Headquarters and Headquarters Company (HHC), 19th Engineer Battalion for service in the RVN from 16 July 1967 to 31 December 1968.

10.  A search of the internet failed to find any evidence showing that the 45th Engineer Group was awarded the VUA for service during the period of the applicant's assignment with that unit.

11.  Army Regulation 600-8-22 (Military Awards):

	a.  provides that second and subsequent awards of the BSM are denoted by an oak leaf cluster.

	b.  Appendix B shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase II; and the Vietnam Counteroffensive, Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.

	a.  It provided that Item 23a would contain the officer’s specialty code number and title.

	b.  It provided that Item 24 would contain all decorations, service medals, campaign credits, and badges awarded or authorized.

	c.  It provided that Item 25 would contain service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  This entry was to include the highest civilian education level acquired during this period of service.  For officer personnel, other courses of study and education-level tests were to be entered, if successfully completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show the following:

* all of his awards to include the Bronze Star Medal (BSM) with "V" Device
* all unit awards to include the VUA
* a primary specialty of 1331 (Combat Engineer)
* demolition and mine warfare training

2.  The evidence of record clearly shows that the applicant was awarded primary specialty 1328 (Construction Engineer) in April 1965.  After his successful completion of the Basic Airborne Course in July 1965, his PMOS was modified by prefacing it with the number 7 to indicate his parachutist qualification.  However, his DD Form 214 indicates only that he was a qualified parachutist.  Accordingly, his DD Form 214 should be corrected to show his PMOS as 71328 (Construction Engineer/Parachutist).

3.  The evidence also shows that the applicant was awarded a secondary specialty of 1331 (Combat Engineer) while serving in the RVN in 1966.  However, the governing regulation did not provide for showing secondary or additional specialties in Item 23a.  Therefore, his request to show this specialty on his DD Form 214 should be denied.

4.  The available evidence shows that the applicant completed the Demolitions and Mine Warfare Course.  Therefore, this training should be shown on his 
DD Form 214.

5.  General orders clearly show that the applicant was awarded two BSMs, one of which was for heroism.  Therefore, his DD Form 214 should be corrected to show award of the BSM with one Oak Leaf Cluster and "V" Device.

6.  The available evidence shows that in 2009 general orders were issued to recognize the actions of HHC, 19th Engineer Battalion during the period 16 July 1967 to 31 December 1968 by awarding it the VUA.  However, this recognition was for a period of service that commenced just after the applicant had departed the RVN.  Therefore, his request to show this unit award on his DD Form 214 should be denied.

7.  There is no available evidence showing that the 45th Engineer Group was awarded the VUA for service in the RVN.  Therefore, the applicant's request to show such award on his DD Form 214 should be denied.

8.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

9.  Records show that all units in the RVN were cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

10.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be shown on 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:

	a.  deleting from Item 24 of his DD Form 214 the Bronze Star Medal and Vietnam Service Medal;

	b.  showing in Item 23a of his DD Form 214: 71328 - Construction Engineer/Parachutist;

	c.  adding in Item 24 of his DD Form 214:

* Bronze Star Medal with Oak Leaf cluster and "V" Device
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

	d.  adding in Item 25 of his DD Form 214: Demolitions and Mine Warfare Course.

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 showing that his primary specialty was 1331 (Combat Engineer).




      _______ _   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)                                         AR20110020555





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ABCMR Record of Proceedings (cont)                                         AR20110020555



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