IN THE CASE OF:	  

		BOARD DATE:  29 November 2012

		DOCKET NUMBER:  AR20120009529 


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

* Bronze service stars with his Vietnam Service Medal (VSM)
* Army Commendation Medal (ARCOM)
* Army Good Conduct Medal  (AGCM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Language School

2.  The applicant states his DD Form 214 is incomplete and does not reflect the bronze service stars he is authorized with his VSM nor does it reflect the ARCOM, AGCM, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar based on his qualification with the M-16 rifle.  He also states the Vietnamese Language Course he completed is not reflected on the DD Form 214.  He claims these items should be added to the DD Form 214 for clarity because the document is incomplete.  

3.  The applicant provides an ARCOM certificate and citation, Vietnamese language training certificate, and prisoner of war interrogator training certificate in support of his request.  



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, and 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 record shows he was inducted into the Army of the United States on 17 July 1968 and was trained in and awarded military occupational specialty (MOS) 96C (Interrogator).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 27 April 1969 to 6 April 1970.  Item 27 (Military Education) contains an entry confirming the applicant completed the   12- week Vietnamese Language Course in 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to 635th Military Intelligence Detachment, performing duties in MOS 96C as an interrogator.  Item 38 also shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) does not include the ARCOM, AGCM, bronze service stars with his VSM, or a qualification badge with the M-16 rifle.  

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  The MPRJ contains training certificates confirming the applicant completed Vietnamese language training during the period 9 December 1968 to 14 March 1969 and the Interrogator of Prisoner of War Course during the period 14 October 1968 to 27 November 1968, at Fort Hood, Texas.

5.  The MPRJ also contains orders issued at Fort Lewis, Washington on 
5 September 1968 that awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar based on his qualification with the M-14 rifle.  His record is void of orders awarding the ARCOM. 

6.  On 6 April 1970, the applicant was honorably released from active duty, in the rank of specialist five (SP5)/E-5, after completing 1 year, 8 months, and 20 days of active military service.  The DD Form 214 he was issued contains the entry “None” in item 25 (Education and Training Completed).  It also lists the following earned awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized :

* National Defense Service Medal
* VSM
* RVNCM
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

7.  The applicant provides a certificate and citation indicating he was awarded the ARCOM for meritorious service during the period April 1969 to April 1970.  

8.  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 ARCOM orders pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's assignment in the RVN, participation credit was granted for the TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring campaigns.  

10.  Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment tenure, the applicant's unit (635th Military Intelligence Detachment) was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 24 August through
31 December 1969.  
12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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 635-5 (Separation Documents) prescribes policy for preparation of the DD Form 214.  The version of the regulation in effect at the time of the applicant's separation provided, in pertinent part, for entering installation training courses (qualification courses), military correspondence courses, and off-duty courses completed by enlisted personnel during the period covered by the DD Form 214 in item 25.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the Vietnamese Language course he completed and the awards in question has been carefully considered and found to have partial merit.  

2.  The applicant’s record confirms he completed a 12-week Vietnamese Language course and 6-week POW Interrogator course at Fort Hood, Texas in 1969, as evidenced by training certificates in the MPRJ and DA Form 20 entries.    Therefore, it would be appropriate to add these courses to item 25 of his 
DD Form 214.  

3.  The record also confirms the applicant received all “excellent” conduct and efficiency ratings and his MPRJ is void of other derogatory information or a unit commander disqualification that required disqualification for the AGCM.  Therefore, it would be appropriate and serve the interest of justice and equity to award him the first award of the AGCM for his qualifying period of honorable active duty service from 17 July 1968 through 6 April 1970, and to add this award to his record and DD Form 214. 

4.  The evidence of record also shows that based on the applicant’s service and campaign participation in the RVN, he is eligible for the RVNGC with Palm Unit Citation and 3 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.  

5.  The applicant's request that the ARCOM be added to his DD Form 214 has also been carefully considered.  However, by regulation, the ARCOM must be approved by proper authority and authorized and announced in official orders.  Absent any orders in the applicant’s record or on ADCARS, the ARCOM certificate and citation provided by the applicant is not sufficient to support adding this award to his record and DD Form 214 at this late date.  

6.  In addition, while the record and orders in the MPRJ confirm the applicant qualified as a sharpshooter with the M-14 rifle, there is no evidence confirming he qualified with the M-16 rifle.  As a result, there is also an insufficient evidentiary basis to support granting this portion of the requested relief.  

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 awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 17 July 1968 through 6 April 1970 and by amending his 
DD Form 214 as follows:

   a.  Item 25 – delete the current entry and replace it with the entries “Vietnam Language Course, 12 Weeks, 1969” and POW Interrogator Course, 6 weeks 1969”;
   
   b.  Item 24 – delete the current Vietnam Service Medal entry and replace it with the entry Vietnam Service Medal with 3 bronze service stars and add the Army Good Conduct Medal (1st Award) and 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 the Army 


Commendation Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar based on qualification with the M-16 rifle to his DD Form 214.  




      _______ _  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)                                         AR20120009529



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ABCMR Record of Proceedings (cont)                                         AR20120009529



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