RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          24 February 2004
	DOCKET NUMBER:   AR2003091086

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Lawrence Foster		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Good Conduct Medal, Vietnam Service Medal with 2 or 3 Bronze Service Stars, the Meritorious Unit Citation, the Presidential Unit Citation, the Vietnam Gallantry Cross Unit Citation with Palm, the Vietnam Campaign Medal, the Sharpshooter Marksmanship Badge (M-16), the Expert Marksmanship Badge (M-14), the Army Commendation Medal, and the Bronze Star Medal.

2.  The applicant states that the above awards and badges were left off of his DD Form 214 when he left Vietnam and was separated.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period covering 21 June 1966 through 23 January 1969.

4.  The applicant provides a copy of a letter from the National Personnel Records Center, dated 1 May 2003, informing him that a certified copy of his DD Form 214 is attached.

5.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record).

6.  The applicant provides a copy of Special Orders Number 20, Headquarters, 23rd Infantry Division (Americal), dated 20 January 1968, attaching him to the Americal Combat Center for rations, quarters, and the administration of military justice, for the purpose of undergoing training and orientation prior to assignment to a unit.

7.  The applicant provides a copy of a Disposition Form, dated 30 August 1968, requesting an extension of his overseas tour in Vietnam for a period of 8 days.

8.  The applicant provides a copy of Unit Orders Number 6, Headquarters, 3rd Battalion, 16th Artillery, 23rd Infantry Division (Americal), dated 18 May 1968, appointing/promoting him to specialist four/E-4.

9.  The applicant provides a copy of Special Orders Number 287, Headquarters, US Army Training Center Field Artillery and Fort Sill, Oklahoma, dated 6 December 1967, awarding him the Sharpshooter Marksmanship Badge (M-14 Rifle).

10.  The applicant provides a copy of Special Orders Number 289, US Army Training Center Field Artillery and Fort Sill, dated 8 December 1967, awarding him the Sharpshooter Marksmanship Badge (M-16 Rifle).

11.  The applicant provides a copy of a Letter of Appreciation, dated 31 October 1967, for his participation in the Artillery Training Center Cross Country event.

12.  The applicant provides a copy of a Certificate of Training for successfully completing the Emergency Medical Care Course.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 23 January 1969.  The application submitted in this case is dated 5 May 2003. 

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of his records to show award of the Bronze Star Medal and Army Commendation Medal.  There are no orders or other evidence authorizing award of these decorations to the applicant.  In the absence of a proper award authority for these decorations, the applicant may request award of the Bronze Star Medal and Army Commendation Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for these decorations under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army (RA) for 3 years on 21 June 1966. Following completion of all required military training, he was awarded military occupational specialty (MOS) 13E (Field Artillery Operations and Intelligence Assistant).

5.  The applicant was transferred to Vietnam, arriving there on 15 January 1968.  He was assigned to Headquarters and Headquarters Battery, 3rd Battalion, 16th Artillery, 23rd Infantry Division (Americal) from 21 January 1968 to 16 August 1968.  He then served with C Battery, 3rd Battalion, 16th Artillery from 16 August 

1968 to on or about 22 January 1969.  He participated in 4 campaigns, including: Tet Counteroffensive, 30 January 1968 - 1 April 1968; Counteroffensive, Phase IV, 2 April 1968 - 30 June 1968; Counteroffensive, Phase V, 1 July 1968 - 1 November 1968; and Counteroffensive, Phase VI, 2 November 1968 - 22 February 1969.

6.  The applicant's records show he had three recorded incidents of misconduct.  He was convicted by a special court-martial of wrongfully appropriating another Soldier's camera.  He also received two nonjudicial punishments (NJPs) under Article 15, Uniform Code of Military Justice, for sleeping on duty and for a traffic violation (speeding).

7.  The applicant's records (including special orders and his Enlisted Qualification Record) also show that he initially qualified as an Expert with the M-14 rifle in basic training (Special Orders Number 308, Headquarters, US Army Training Center and Fort Leonard Wood, Missouri, dated 8 November 1966); that he later qualified as a Sharpshooter with the M-14 rifle (Special Orders Number 287, Headquarters, US Army Training Center and Fort Sill, Oklahoma, dated 6 December 1967); and that he qualified as a Marksman with the M-16 rifle (Special Orders Number 289, Headquarters, US Army Training Center and Fort Sill, Oklahoma, dated 8 December 1967).

8.  The applicant was released from active duty on 23 January 1969 with 2 years, 7 months, and 3 days of creditable active military service under the provisions of chapter 5, Army Regulation (AR) 635-200 by reason of overseas returnee and was transferred to the United States Army Reserve (USAR).

9.  The applicant's DD Form 214 shows that he received the following awards:  National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Overseas Service Bars (2), and Expert Marksmanship Badge (M-16).

10.  AR 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

11.  AR 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which a Soldier has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the Soldier has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  Soldiers will wear the basic badge which indicates the qualification last attained with the respective weapon.

12.  AR 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM).  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  The regulation also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  A single silver service star denotes five campaigns.

13.  AR 600-8-22 (Military Awards) prescribes, in pertinent part, the eligibility requirements and authority for accepting and wearing of foreign awards and badges.  The Secretary of Defense approved a request for approval of foreign awards to US Military personnel on 7 February 1966.  As a result, the Republic of Vietnam Campaign Medal with Device Bar (1960) was awarded to US Armed Forces personnel by the Government of the Republic of Vietnam.  Since the Republic of Vietnam Campaign Medal is a foreign award, it is not issued by the United States Government.  The medal may be purchased from commercial sources.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross Unit Citation with Palm for the period 20 July 1965 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.  It does not show that the applicant's unit received either the Meritorious Unit Citation or Presidential Unit Citation during his tenure with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The Board presumes regularity in the Army's failure to award the applicant the Good Conduct Medal.  The applicant had a special court-martial conviction and two NJPs during his period of service from 21 June 1966 to 23 January 1969.  These incidents clearly diminished the quality of his conduct below that required for award of the Good Conduct Medal.

2.  The applicant's unit -- 3rd Battalion, 16th Artillery, 23rd Infantry Division -- did not qualify for award of the Presidential Unit Citation or Meritorious Unit Citation during his tenure with the unit.  He is not entitled to have these awards on his DD Form 214.

3.  The applicant is entitled to correction of his records to show that he participated in 4 campaigns during his service in Vietnam.  He is entitled to 4 bronze service stars for wear on his Vietnam Service Medal.

4.  Although the applicant's DD Form 214 incorrectly indicates that he qualified as an Expert with the M-16 rifle, when, in fact, records show that he qualified as a Marksman, the Board will not recommend making such a change.  The applicant is, however, entitled to show on his DD Form 214 that his last qualification with the M-14 rifle was as a Sharpshooter.

5.  The applicant is entitled to correct his records to show award of the Vietnam Gallantry Cross Unit Citation with Palm.

6.  The applicant is entitled to have his records corrected to show a Device Bar (1960) for wear on his Vietnam Campaign Medal.

BOARD VOTE:

__rvo___  __mvt___  __lf____  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 that he is entitled to:

	a.  Four bronze service stars for wear on his Vietnam Service Medal;

	b.  The Sharpshooter Marksmanship Badge with M-14 Rifle Bar;

	c.  A Device Bar (1960) for wear on his Vietnam Campaign Medal; and

	d.  Vietnam Gallantry Cross Unit Citation with Palm.

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 award of the Good Conduct Medal, the Presidential and Meritorious Unit Citations, and the Expert Marksmanship Badge (M-14 Rifle).

		Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003091086	
SUFFIX		
RECON		
DATE BOARDED	20040224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0020	
3.		
4.		
5.		
6.