BOARD DATE:	  19 June 2012

		DOCKET NUMBER:  AR20110024149 


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

* Army Good Conduct Medal
* Vietnam Service Medal with two or three bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Any and all unit awards and other medals he may be authorized

2.  The applicant states these awards were omitted from his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* Letter from the National Personnel Records Center, dated 4 October 2011
* 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.  On 25 January 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 95B (Military Policeman).

3.  Special Orders Number 98, Fort Gordon, Georgia, dated 17 May 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar.

4.  On 7 June 1968, the applicant departed Fort Sill, Oklahoma, for duty in the RVN.

	a.  On 28 November 1968, he was assigned to Company C, 504th Military Police Battalion.

	b.  General Orders Number 26, 504th Military Police Battalion, awarded him the Army Good Conduct Medal for the period 25 January 1968 to a date of separation on or about 22 November 1969.

	c.  On or about 12 November 1969, he departed the RVN.

5.  On 14 November 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
9 months, and 20 days of creditable active duty service.

6.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal (NDSM)
* Sharpshooter Marksmanship Qualification Badge with rifle Bar (SPS) 
(M-14)
* Vietnam Service Medal (VSM)
* 2 Overseas Service Bars (2 O/S BARS)
* Republic of Vietnam Campaign Medal with Device 1960 (VCM)

7.  Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 504th Military Police Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 2, dated in 1971 for award of the Meritorious Unit Commendation, and in DAGO Number 6, dated in 1974 for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of:

* Army Good Conduct Medal
* Vietnam Service Medal with two or three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Any and all unit awards and other medals he may be authorized

2.  General orders show that the applicant was awarded the Army Good Conduct Medal.  Therefore, this medal should be shown on his DD Form 214.

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

4.  Records show that the applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

5.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  There is no evidence of record showing that the applicant's unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, this foreign unit award should not be shown on his DD Form 214.

7.  Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, his records should be corrected to show this badge.

8.  The Sharpshooter Marksmanship Qualification Badge with Rifle Bar is already listed 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 the Vietnam Service Medal from his DD Form 214; and

	b.  adding to his DD Form 214:

* Meritorious Unit Commendation
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Pistol Bar

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 award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



___________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)                                         AR20110024149



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ABCMR Record of Proceedings (cont)                                         AR20110024149



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