IN THE CASE OF:
BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120005648
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 reconsideration of a previous application for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show completion of the Armor Course, award of military occupational specialty (MOS) 11E (Armor Crewman), and the Expert Marksmanship Qualification Badge with Tank Weapons Bar.
2. He also requests correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation that was awarded to all service members who served in Vietnam.
3. The applicant states he served in the Republic of Vietnam from July 1967 through July 1968 and his armor MOS was removed while he was assigned to the 92nd Military Police Battalion. He contends the listing of his pistol qualification on his record indicates he received more than basic training and clerk school training. Furthermore, he was the training noncommissioned officer assistant at Fort Bliss, TX for the Redeye School and they did not train the military in the use of pistols.
4. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. On 30 July 2009, in Docket Number AR20090003802, the ABCMR denied his request to correct his DD Form 214 to show MOS 11E, completion of the Armor Course, and an Expert Marksmanship Qualification Badge with Tank Weapons Bar.
2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), the regulation under which the ABCMR operates, sets forth procedures for processing requests for correction of military records. Paragraph 2-15 governs requests for reconsideration. This provision of the regulation states if the ABCMR received a request for reconsideration more than 1 year after the ABCMR's original decision, then the case will be returned without action. His request for reconsideration on the issues listed in the preceding paragraph was not received within 1 year of the ABCMR's original decision. As a result, it does not meet the criteria to be reconsidered. Therefore, these issues will not be discussed further in these Proceedings. However, the applicant is advised that his next remedy is to appeal to a court of appropriate jurisdiction.
3. The applicant enlisted in the Regular Army on 24 August 1966 for a period of 3 years. Records show he served in the Republic of Vietnam from 9 July 1967 to 30 June 1968. He was assigned to:
a. Headquarters, 92nd Military Police Battalion from 13 July 1967 through
14 November 1967, and
b. Headquarters and Headquarters Detachment, 92nd Military Police Battalion from 15 November 1967 to 30 June 1968.
4. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in item 29 (Qualification in Arms) he qualified:
* sharpshooter with the M-14 rifle on 1 October 1968
* marksman with the .45 caliber pistol on 28 November 1966
5. He was honorably released from active duty on 22 August 1969 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 11 months, and 29 days of total active service. The DD Form 214 he was issued as the time shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Meritorious Unit "Citation" (Commendation)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 92nd Military Police Battalion was cited for award of the:
* Meritorious Unit Commendation for the period October 1966 through September 1967 by Department of the Army General Order (DAGO) Number 17, dated 1968
* Meritorious Unit Commendation for the period 1 October 1967 through
30 September 1968 by DAGO Number 48, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 September 1966 through 28 March 1973 by DAGO Number 6, dated 1974
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his
DD Form 214 should be corrected to show this unit award.
3. His unit in Vietnam was also cited for two awards of the Meritorious Unit Commendation during his period of assignment. However, his DD Form 214 only shows one award of this unit award. Therefore, his DD Form 214 should be corrected to show both awards.
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. deleting from his DD Form 214 the Meritorious Unit Citation, and
b. adding to his DD Form 214 the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation (2nd Award)
____________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) AR20120005648
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ABCMR Record of Proceedings (cont) AR20120005648
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