IN THE CASE OF:	  

		BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20130000072 


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 in:

* Item 22c (Foreign and/or Sea Service) – 12 months and 1 day
* Item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) - adding all the awards he is entitled to and the Blue Rope (Infantry Cord)

2.  The applicant states:

	a.  His DD Form 214 does not show all of his awards.  Also, the Infantry Cord he earned for infantry training is not shown.  He spent 1 year and 1 extra day in Vietnam before receiving orders to go home.  He has been diagnosed with and is fighting two types of cancer.  

	b.  He is trying to put his Army uniform back together as it is part of who he is. In March 1970, he came home to a different world than the one he left.  He gave all of his medals and jump boots to the kids in the family, only keeping the Bronze Star Medal and the Infantry Cord.  He would like whatever awards he is entitled to be added to his DD Form 214 so there is no question of what he earned while in the Army.  

	c.  He was a parachute rigger, but first trained as infantryman at Fort Ord, California, then he went to jump school.  He doesn't know why some of his awards are not shown on his DD Form 214.  His orders were lost when he was leaving Vietnam and he was told to go anyway.  He would also like to know what the entry "USATC" means which is listed in Item 25 (Education and Training Completed) of his DD Form 214.

3.  The applicant provides copies of his DD Form 214, a 1968 letter to his parents, and a REC-AMW Form 201-A (Your Eligibility Report for Display Recognitions and Replacement Medals/Hardwear).

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 was inducted into the Army of the United States on 15 May 1968. He completed basic combat training at Fort Leonard Wood, MO, on or about 4 August 1968.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 39 (Record of Assignments):

	a.  He completed advanced individual training for military occupational specialty (MOS) 11B (Light Weapons Infantryman) at Fort Ord, CA, on 4 October 1968.   

	b.  Subsequent to completion of MOS training, he attended and successfully completed the basic Parachutist Course at Fort Benning, GA. 

	c.  He departed Fort Benning, GA, on 26 October 1968, enroute to the U.S. Army Training Center (USATC) and Fort Lee, VA, where he completed training and was awarded MOS 43E (Parachute Rigger).  

4.  He served in Vietnam from 20 March 1969 through on or about 18 March 1970, during three campaigns.  He was assigned to Company B, 426th Supply and Service Battalion, 101st Airborne Division.
5.  He was honorably released from active duty on 18 March 1970.  He completed 1 year, 10 months, and 4 days of net active service with no time lost.  His DD Form 214 lists in:

* Item 22c – 11 months and 28 days and the entry “USARPC” (U.S. Army Pacific) 
* Item 24 – the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Vietnam Campaign Medal
* two overseas service bars
* Meritorious Unit Commendation
* “Armed Forces Cross of Gallantry with Palm”
* Army Commendation Medal
* Parachutist Badge
* Bronze Star Medal

* Item 30 (Remarks) - Service in Vietnam from 20 March 1969 to 18 March 1970

6.  His DA Form 20 shows in:

* Item 22 (MOS) – the MOS 11B lined through and the MOS 43E is listed as his primary MOS
* Item 27 – Military Education) – he completed the Parachute Packer Maintenance Air Drop Course at the Quartermaster School in 1969
* Item 38 (Record of Assignments) - he received "excellent" conduct and efficiency ratings throughout his period of service
* Item 41 (Awards and Decorations) – all the awards shown on his 
		DD Form 214

7.  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for the first award of the AGCM. 

8.  He provides a copy of a REC-AMW Form 201A, dated 11 September 2011, which advised him of eligibility for and where to find replacement of his entitled awards.  

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated item 22c would list the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., USARPAC.  

10.  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.  

11.  Army Regulation 600-8-22 (Military Award) provides Department of the Army policy, criteria, and administrative instructions concerning individual military 
decorations, Army Good Conduct Medal, service medals, unit decorations, and similar devices awarded in recognition of accomplishments.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

12.  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 423rd Supply and Service Battalion was cited for award of the:

* Republic of Vietnam Gallantry Gross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 July 1968 through 2 May 1970 by DAGO Number 48, dated 1971

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the authorization for wear, composition, and classification of uniforms, and the occasions for wearing all personal (clothing bag issue), optional, and commonly worn organizational Army uniforms.  It also prescribes the awards, insignia, and accouterments authorized for wear on the uniform, and how these items are worn.  Paragraph 28-30a states the shoulder cord is infantry blue, and it is formed by a series of interlocking square knots around a center cord.  The approval authority is the commanding general of the U.S. Army Infantry Center who authorizes award of the shoulder cord to infantrymen who have successfully completed the appropriate training.  Enlisted personnel who have completed one station unit training resulting in award of an infantry primary MOS.  The Infantry Cord is an item of clothing and even if a Soldier is eligible for wear, there is no provision to list items of clothing on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant appears to have met the criteria for award of the Army Good Conduct Medal (1st Award).  He received "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence that any disciplinary action was taken against him during his period of active service and no evidence that his commander disqualified him for the award.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 15 May 1968 through 18 March 1970 and to correct his DD Form 214 to show this award.

2.  The evidence of record shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his 
DD Form 214.

3.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 listed an award as "Armed Forces Cross of Gallantry with Palm."  There is no such award.  As a matter of clarity, this entry should be deleted and his DD Form 214 should be corrected to show these unit awards.

4.  With respect to the Infantry Cord, Army Regulation 670-1 authorizes the Infantry Cord as a decoration worn over the right shoulder of all qualified U.S. Army infantrymen.  This is an item of clothing and as such there is no provision in the governing regulation to add it to the DD Form 214. 

5.  With respect to Item 22 of his DD Form 214, the evidence of record shows he served in Vietnam from 20 March 1969 through on or about 18 March 1970, a period of 11 months and 28 days.  There is no evidence of record and he provided insufficient evidence to show he served in Vietnam for any other period of time.  It appears entries for his foreign service for Vietnam are properly shown in Item 22c of his DD Form 214.  Therefore, he is not entitled to correction to Item 22c or Item 30 of 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period
15 May 1968 through 18 March 1970
* deleting from his DD Form 214 the Vietnam Service Medal and Armed Forces Cross of Gallantry with Palm
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 additional foreign service credit for Vietnam and adding the Infantry Cord 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)                                         AR20130000072





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ABCMR Record of Proceedings (cont)                                         AR20130000072



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