IN THE CASE OF:	   

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150000608 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (2nd Award), Bronze Star Medal, and his Letter of Appreciation.

2.  The applicant states his DD Form 214 is missing some awards that he earned.

3.  The applicant provides copies of the following:

* General Orders (GO) Number 192
* GO Number 736
* two Army Commendation Medal certificates and citations
* GO Number 235
* Letter of Appreciation
* 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 the cases 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.

2.  The applicant enlisted in the Regular Army on 29 August 1971 and he held military occupation specialty 98C (Signals Intelligence Analyst).

3.  Special Orders (SO) Number 177, on 18 October 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  He served in Vietnam from 29 August 1968 through 3 April 1971, during seven campaigns.  He was assigned to the 330th Radio Research (RR) Company, 313th RR Battalion.

5.  His records contain and he provided copies of the following orders issued by Headquarters, I Field Force Vietnam, on/for:

* GO Number 192, on 27 February 1970, awarding him the Army Commendation Medal for meritorious service from 28 September 1968 through 28 March 1970; he also provided copies of the resulting certificate and citation
* GO Number 176 (Corrected Copy), on 1 July 1970, awarding him the Army Commendation Medal (2nd Award) for meritorious achievement from 15 August 1969 through 15 December 1969; he further provided copies of the resulting certificate and citation

6.  GO Number 10, issued by Headquarters, 313th RR Battalion on 27 November 1970, awarded him the Army Good Conduct Medal (1st Award) for the period from 29 August 1967 through 28 August 1970

7.  His records also contain and he also provided copies of the following:

* GO Number 235, issued by Headquarters, I Field Force Vietnam on 17 March 1971, awarding him the Bronze Star Medal for meritorious service in Vietnam from 15 December 1969 through 24 March 1971
* Letter of Appreciation, issued by Headquarters, 313th RR Battalion on 20 March 1971, for his exceptional job performance while serving with the 330th RR Company in Vietnam

8.  He was honorably released from active duty in pay grade E-5 on 4 April 1971 and he was transferred to the U.S. Amy Reserve Control Group.  He was credited with completing 3 years, 7 months, and 6 days of net active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

9.  Army Regulation 600-8-22 (Military Award) states:

   a.  A bronze star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation.  One silver service star denotes five bronze service stars.

   b.  This regulation also gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed on the DD Form 214.  Certificates of achievement, letters of appreciation, and similar documents are not listed on the DD Form 214.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 330th RR Company, was cited for award of the:

* Meritorious Unit Commendation, for the period 1 July 1969 through 31 December 1970, by DAGO Number 43, dated 1972
* Meritorious Unit Commendation, for the period 1 January through 30 June 1971, by DAGO Number 32, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 January 1970 through 3 March 1971, by DAGO Number 6, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal (2nd Award), Army Good Conduct Medal (1st Award), and Bronze Star Medal during his period of service.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) during his period of service.  Therefore, his DD Form 214 should be corrected to show this badge.



3.  He served in Vietnam during seven campaigns; therefore, he is entitled to award of one silver service star and two bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

4.  GO awarded his unit in Vietnam, the 330th RR Company, the Meritorious Unit Commendation (2nd Award) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  By regulation letters of commendation and appreciation are not authorized to be listed on the DD Form 214 and are filed in the Soldier's OMPF.  

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:

* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with one silver service star and two bronze service stars
* Meritorious Unit Commendation (2nd Award)
* 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 his Letter of Appreciation 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)                                         AR20150000608



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ABCMR Record of Proceedings (cont)                                         AR20150000608



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