IN THE CASE OF:	  

		BOARD DATE:	  21 November 2013

		DOCKET NUMBER:  AR20130005783 


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, in effect, award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.  He further requests correction of his DD Form 214 to show his completion of the Special Forces Extension Course and award of the Vietnam Jump Wings.

2.  The applicant states:

* he attended the Special Warfare School and it is not listed in item 25 (Education and Training Completed) of his DD Form 214
* he earned the Vietnam Jump Wings and they are not listed in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214
* to the best of his knowledge, he never received an Article 15 or any reprimands and asks if he should have received the Army Good Conduct Medal

3.  The applicant provides:

* a self-authored statement
* a U.S. Army Special Warfare School – Special Forces Extension Course Diploma, dated 21 April 1966
* an un-translated Vietnam certificate, dated 6 November 1967


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 requested that the "Vietnam Jump Wings" be added to his
DD Form 214.  In accordance with Army Regulation 600-8-22 (Military Awards), qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges that do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular badge is authorized for award only to enlisted personnel of host country then the badge may be accepted and worn by U.S. Army enlisted personnel.  Commanders (overseas and CONUS) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D (Foreign Badges). This authority may be further delegated to commanders charged with custody of military personnel record files.  The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge, including English translations.  Any foreign badges not listed in Appendix D will be forwarded to the Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, for approval.  There is no evidence the applicant applied to HRC for approval and it was denied.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.


3.  The applicant enlisted in the Regular Army on 11 May 1965.  He completed training and was awarded military occupational specialty 72B (Communications Center Specialist).

4.  Special Orders Number 113, issued by Headquarters, 4th Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY, dated 9 July 1965, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

* Item 27 (Military Education) he completed the 12-week Communications Center Specialist Course in 1965
* Item 31 (Foreign Service) he served in Vietnam from 11 August 1966 through 1 November 1967
* Item 38 (Record of Assignments) he was assigned for duty in Vietnam with:

*	Company E, 5th Special Forces Group (Airborne), 1st Special Forces, during the period 16 August 1966 through 6 December 1966
*	Signal Company, 7th Special Forces Group (Airborne), 1st Special Forces, during the period 7 December 1966 to 1 November 1967

* Item 38, he received all "excellent" conduct and efficiency ratings except for one period of "unknown" ratings while in a hospital patient status
* Item 41 (Awards and Decorations) the:

*	Parachutist Badge
*	Vietnam Service Medal
*	National Defense Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Combat Infantryman Badge
*	2 Overseas Service Bars
*	Purple Heart
*	Silver Star

6.  On 14 February 1968, the applicant was honorably released from active duty as an early release and he was transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining Reserve obligation.  His
DD Form 214 shows in:


* Item 24 the:

*	National Defense Service Medal
*	Parachutist Badge
*	Vietnam Service Medal
*	Republic Vietnam Campaign Medal with Device (1960)
*	Combat Infantryman Badge
*	2 Overseas Service Bars
*	Purple Heart
*	Silver Star

* Item 25 completion of the 12-week Communications Center Specialist Course in 1965

7.  A DD Form 214, issued by The Adjutant General, dated 13 December 1972, corrected his DD Form 214 for the period ending 14 February 1968 to show he was retired by reason of temporary disability.

8.  The applicant provides a copy of a diploma issued by the U.S. Army Special Warfare School, Fort Bragg, NC, dated 21 April 1966, that shows he graduated from the non-resident Special Forces Extension Course.  The length of the course is not specified.

9.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

10.  Army Regulation 672-5-1 (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; for 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

11.  Army Regulation 600-8-22, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:


* Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967
* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)

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 5th Special Forces Group, 1st Special Forces, was cited for award of the:

* Presidential Unit Citation for the period 1 November 1966 through
31 January 1968 by Department of the Army General Order (DAGO) Number 45, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1964 through 17 May 1969 by DAGO Number 59, dated 1969

13.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time stated for:

	a.  item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

	b.  item 25, Enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:
1.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship qualification badge.

2.  Records show the applicant participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  He received all "excellent" conduct and efficiency ratings except for a period of 


"unknown" while in a patient status that was not disqualifying.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal
(1st Award) for the period 11 May 1965 through 14 February 1968 and to correct his DD Form 214 to show this award.

4.  One of his units in Vietnam was cited for award of the Presidential Unit Citation and 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 these unit awards.

5.  The applicant provides a copy of his diploma for completing the U.S. Army Special Warfare School – Special Forces Extension Course; therefore, he is entitled to correction of his DD Form 214 to show this training.

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 Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 11 May 1965 through 14 February 1968;

	c.  adding to item 24 of his DD Form 214 the:
   
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

	d.  adding to item 25 of his DD Form 214 the entry "Special Forces Extension Course, 1966."



      ____________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)                                         AR20130005783



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ABCMR Record of Proceedings (cont)                                         AR20130005783



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