IN THE CASE OF: 

		BOARD DATE:	    24 April 2014

		DOCKET NUMBER:  AR20130015230 


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 military record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* a bronze service star affixed to his already-awarded Vietnam Service Medal (VSM)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC)
* Expert Marksmanship Qualification Badge with Rifle Bar

2.  The applicant states:

   a.  awards were accidentally omitted from his DD Form 214;
   
   b.  the RVNGC may have been authorized subsequent his discharge; and
   
   c.  he believes he received a badge for qualifying with the .45 caliper pistol but he cannot find the paperwork.
   
3.  The applicant provides:

* DA Form 1577 (Authorization for Issuance of Awards)
* National Personnel Records Center Letter dated 6 June 2002
* DD Form 214

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 enlisted in the Regular Army (RA) on 11 October 1965.  He was trained in and awarded military occupational specialty 95B (Military Police).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 22 June 1967 to 23 July 1968.  He was assigned for duty with the 9th Military Police (MP) Company (Co) from 30 June to 17 December 1967 and with the 272nd MP Co from 18 December 1967 to 23 July 1968.

4.  Item 29 (Qualification in Arms) shows he qualified "marksman" with the M-14 rifle and does not include any additional arms qualifications.  Item 41 (Awards and Decorations) does not show he qualified "expert" with any weapon nor obtained any qualification with the .45 caliber pistol.

5.  The applicant's Army Military Human Resource Record (AMHRR) does not include any orders or show he ever qualified "expert" with any weapon while serving on active duty.  In addition, it does not include an order or any other document to show he ever qualified with the .45 Caliber pistol.

6.  On 10 October 1969, the applicant was honorably released from active duty with 4 years of total active service, of which 1 year and 2 days was foreign service.  His DD Form 214 shows he earned the:

* National Defense Service Medal
* VSM
* Army Good Conduct Medal
* RVN Vietnam Campaign Medal
* 1st Year Driver's Badge
* Marksmanship Qualification Badge with M-14 Rifle Bar
* 2 Overseas Bars
7.  On 6 June 2002, the NPRC notified the applicant by letter of his entitlement to awards.  The NPRC also provided him a DA Form 1577 dated 3 June 2002, authorizing his issuance of the Expert Marksmanship Qualification Badge with Rifle Bar, among other awards.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states that a bronze service star is authorized for the member's participation in each Vietnam campaign.  Appendix B shows the following two campaigns for the period of the applicant's service in the RVN:

* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)
* TET Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive, Phase V ( 1 July 1968 – 1 November 1968)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing Soldiers' eligibility for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his units earned the following awards as indicated:

   a.  9th MP Co –
   
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal, First Class Unit Citation (RVNCAHM)
   
   b.  272nd MP Co –
   
* Valorous Unit Award (VUA), announced in Department of the Army General Order (DAGO) Number 72, dated 1968
* Meritorious Unit Commendation (MUC), announced in DAGO
Number 45, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the requested awards has been considered and found to have partial merit.  Based on his total service in the RVN with the 9th MP Co and the 272nd MP Co, he is entitled to the VUA, MUC, RVNGC, and RVNCAHM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.

2.  The applicant participated in four campaigns during his assignment to the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show the four bronze service stars.

3.  Notwithstanding the information shown on the DA Form 1577 which shows the applicant is authorized the Expert Marksmanship Qualification Badge with Rifle Bar, the evidence of record did not include any official orders or any other documents to confirm his entitlement to this badge.  Further, it does not show he ever qualified with the .45 caliber pistol during his tenure on active duty.  Therefore, there is 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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with 4 bronze service stars
* Valorous Unit Award
* Meritorious Unit Award 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
   
   c.  issuing him a correction to his DD Form 214 to reflect these awards.
   

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 Expert Marksmanship Qualification Badge and any qualification badge with 
the .45 Caliber Pistol Bar to his AMHRR and 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)                                         AR20130015230





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ABCMR Record of Proceedings (cont)                                         AR20130015230



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