BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120002960 


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 two separation documents to show all of his awards.

2.  The applicant states he realized the awards were omitted from his separation documents when he received correspondence from the National Personnel Records Center (NPRC) authorizing shipment of his decorations.

3.  The applicant provides copies of the NPRC letter and two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted in the Regular Army (RA) on 13 July 1966 for a period of 3 years.  He was awarded military occupational specialty 57H (Cargo Handler).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Qualification in Arms):  Expert with the M-16 Rifle on 6 April 1967;

	b.  item 31 (Foreign Service):

* Vietnam from 23 May 1967 through 15 May 1968
* Okinawa from 2 February 1969 through 15 January 1970
* Ethiopia from 14 September 1970 through 8 February 1971

	c.  item 33 (Appointments and Reductions):  he was promoted to sergeant (SGT)/pay grade E-5 with a date of rank of 16 April 1968;

	d.  item 38 (Record of Assignments):

* 854th Transportation Company (Vietnam) from 25 November 1967 through 12 May 1968
* 412th Transportation Company (Okinawa), U.S. Army, Pacific) from
4 February 1969 through 14 January 1970;

4.  A DD Form 214 shows the applicant entered active duty on 13 July 1966 and he was honorably discharged on 22 December 1968 to reenlist in the RA.

	a.  He had completed 2 years, 5 months, and 10 days of net active service. 

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

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* two Overseas Service Bars

5.  The applicant reenlisted without a break in service.  A DD Form 214 shows the applicant entered active duty this period on 23 December 1968 and he was honorably discharged on 9 February 1971.

	a.  He had completed 2 years, 1 month, and 17 days of net active service. 

	b.  Item 24 shows the entry "None."

6.  The applicant had honorable enlisted service in the Army National Guard of the United States (ARNGUS) and Alabama Army National Guard (ALARNG) from 25 July 1980 through 15 February 1995.

7.  In support of his request, the applicant provides a copy of an NPRC letter, dated 24 November 2008, that shows he was authorized the following awards:

* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Armed Forces Reserve Medal with Gold Hourglass Device (ARNGUS)
* Army Reserve Components Achievement Medal with 3 Bronze Oak Leaf Clusters (ARGNUS)
* Noncommissioned Officer Professional Development Ribbon (ARNGUS)
* Army Service Ribbon (ARNGUS)
* Army Reserve Components Overseas Training Ribbon (ARNGUS)
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

8.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Forms 214.

	a.  The applicant's 22 December 1968 DD Form 214 shows he was awarded the Vietnam Service Medal, but his records do not show he was awarded any bronze service stars to signify campaign participation credit.

	b.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.  His military service records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).  
	
9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any award orders pertaining to the applicant.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to the 854th Transportation Company (Vietnam):

	a.  the company was awarded the Meritorious Unit Commendation for the period 1 April to 30 September 1967 by Department of the Army General Orders (DAGO) Number 17 (1969) as amended by DAGO Number 43 (1970); and

	b.  paragraph 6d of the pamphlet states that DAGO Number 8 (1974) announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  

	a.  section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214; and 

	b.  it states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions show for item 24:  enter from the DA Form 20 all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Forms 214 should be corrected to show his authorized awards.

2.  The evidence of record shows:

	a.  the applicant qualified expert with the M-16 rifle; thus, he is entitled to the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar;

	b.  he was authorized the National Defense Service Medal and Republic of Vietnam Campaign Medal with Device (1960);

	c.  the applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal; and
	d.  general orders awarded the applicant's unit the:

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

3.  The applicant served a qualifying period of active enlisted service for the Army Good Conduct Medal (1st Award) from 13 July 1966 to 12 July 1969.

   a.  He was promoted to SGT (E-5) with less than 22 months of active service.

   b.  He received "excellent" conduct and efficiency ratings during his service.

   c.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his 
9 February 1971 DD Form 214 to show the award.

4.  The applicant is advised that the awards and decorations authorized based on his service in the ARNGUS and ALARNG (subsequent to his service in the RA) are not authorized to be entered on either of his DD Forms 214.

5.  In view of the foregoing, it would be appropriate to correct the applicant's 
DD Forms 214 to shows his awards and decorations, as recommended below.

BOARD VOTE:

___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 Army Good Conduct Medal (1st Award) for the period
13 July 1966 to 12 July 1969 (Standard Name Line:  SGT 412th Transportation Company, U.S. Army, Pacific);

	b.  deleting from item 24 of his 22 December 1968 DD Form 214 the entry "VSM" and adding the:

* Meritorious Unit Commendation
* Vietnam Service Medal with 4 bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

   c.  deleting from item 24 of his 9 February 1971 DD Form 214 the entry "None" and adding the:

* Meritorious Unit Commendation
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120002960



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ABCMR Record of Proceedings (cont)                                         AR20120002960



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