IN THE CASE OF:	  

		BOARD DATE:  25 OCTOBER 2012

		DOCKET NUMBER:  AR20120007913 


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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

   a.  Adding to Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal (ARCOM) 
* Valorous Unit Award (VUA) 
* Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar

   b.  Adding to Item 25 (Education and Training Completed) the Emergency Medical Treatment Procedures (EMTP) Course.

2.  The applicant states that administrative errors occurred at Fort Polk, LA (1970) and Chu Lai, Republic of Vietnam (1970).  The unit he served with was belatedly presented the VUA in May 2011.  This spurred him to correct his records to include this award and all other errors as well.  

3.  The applicant provides:

* EMTP Course completion certificate
* Orders for the Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar, ARCOM, and VUA


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's military record shows he enlisted in the Regular Army, in pay grade E-1, on 3 September 1969, for 3 years.  He completed training and was awarded military occupational specialty 71B (Clerk Typist).  

3.  A Certificate of Training shows he successfully completed 12 hours of the EMTP Course on 3 March 1970.

4.  Special Orders Number 148, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, LA, on 1 June 1970, awarded him the Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar.

5.  He served in Vietnam from 2 September 1970 through 25 August 1971, during two campaigns.  He served from:

* 17 September to 1 October 1970 with Headquarters and Headquarters Company (HHC), 16th Combat Aviation Group
* 2 October 1970 to 22 August 1971 with HHC, 14th Aviation Battalion

6.  General Orders Number 01176, issued by Headquarters, 23rd Infantry Division, awarded him the ARCOM for meritorious achievement in Vietnam from 1 September to 31 December 1970.

7.  He was honorably released from active duty, in pay grade E-5, on 26 August 1971, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 11 months, and 24 days of net active service with no time lost.



8.  Item 24 on his DD Form 214 lists the:

* National Defense Service Medal.
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal
* Bronze Star Medal
* One Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  Item 25 on his DD Form 214 contains the entry "Clerk Course, 4 weeks."

10.  Permanent Orders Number 089-10, issued by the U.S. Army Human Resources Command on 30 March 2010 awarded his unit, HHC, 14th Aviation Battalion, the VUA for the period 8 February-7 April 1971.

11.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

12.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

14.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the Overseas Service Bar.  It specified a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate DA message.  One Overseas Service Bar was authorized for each 6-month period of Federal service outside the continental limits of the United States.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows his unit, the 14th Aviation Battalion, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February-31 March 1971, by Department of the Army General Orders Number 42, dated 1972.

16.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated that Item 25 would list the service schools, including major courses, which were successfully completed, and military sponsored course completed in civilian school and colleges during the period covered by the DD Form 214 being prepared.  Item 25 would include the title and length in weeks (1 week or more).

DISCUSSION AND CONCLUSIONS:

1.  General orders confirm the applicant was awarded the ARCOM during his period of service in Vietnam.  Special orders awarded him the Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

2.  The evidence of record appears to show he met the criteria for the Army Good Conduct Medal (1st Award) and there is no evidence of record which shows he was disqualified by his commander for this medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 3 September 1969 through 26 August 1971 and correction of his DD Form 214 to show this medal.

3.  The evidence of record shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed on his already-awarded Vietnam Service Medal.  

4.  General orders awarded his unit the VUA and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is also entitled to correction to his DD Form 214 to show these awards.

5.  He served in Vietnam 11 months and 24 days.  Therefore, he is entitled to an additional Overseas Service Bar and correction to DD Form 214 to show this award.

6.  The evidence of record shows he successfully completed 12 hours of the EMTP Course on 3 March 1970.  In accordance with the governing regulation, 

only courses with durations of 1 week or more are listed on the DD Form 214.  Therefore, he is not entitled to correction of Item 25 on his DD Form 214 to show he completed the EMTP Course.

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.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 September 1969 through 
26 August 1971;
   
   b.  deleting from his DD Form 214 the Vietnam Service Medal and 1 Overseas Service Bar; and 

   c.  adding to Item 24 on his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Valorous Unit Award
* Expert Marksman Marksmanship Qualification Badge with .45 Caliber Pistol Bar 
* Vietnam Service Medal with two bronze service stars
* Two Overseas Service Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 to Item 25 of his 
DD Form 214 the Emergency Medical Treatment Procedures Course.



      _______ _   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)                                         AR20120007913



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ABCMR Record of Proceedings (cont)                                         AR20120007913


   
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