RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060008052


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Edward E. Montgomery          |     |Member               |

      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 he be awarded the Vietnam Service Medal.

2.  The applicant states, in effect, he served as an crewmember in air
tactical combat operations in Vietnam.

3.  The applicant provides copies of a DD Form 214 (Report of Transfer or
Discharge), a DD Form 114 (Military Pay Order), Letter Orders 11-32, and an
excerpt from the Military Awards Regulation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 February 1970, the date of his release from active duty.
The application submitted in this case is dated 30 May 2006.

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 limitations 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 records show the applicant entered active duty in an enlisted
status on 13 April 1967, completed training and was awarded the military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  On 27 February 1968 he was honorably discharged, with 10 months and
15 days of creditable service, to accept a commission.

5.  During this period service the applicant qualified for and was awarded
the Expert Marksmanship Qualification Badge with Machinegun and Rifle (for
the M-16 rifle) Bars, the Marksman Marksmanship Qualification Badge with
Automatic Rifle and Rifle (for the M-14 rifle) Bars, and the Sharpshooter
Marksmanship Badge with Pistol Bar.

6.  Department of the Army, U. S. Army Aviation Systems Command (USAAVACOM)
Letter Order 11-12, dated 15 November 1968 ordered the applicant to escort
a spare parts package and to provide urgently needed technical repairs in
Vietnam for the period 17 – 30 November 1968.  The orders do not designate
him as an aircraft crewmember.

7.  A DD Form 114, dated 23 November 1968, authorized payment of special
hazardous duty pay based on participation in air tactical combat
operations.

8.  The applicant's DA Form 66 (Officer Qualification Record) shows several
duty assignments all within USAAVSCOM located in St. Louis, Missouri,
between 15 March 1968 and his date of release from active duty.

9.  The DA Form 66 shows that, in addition to his enlisted weapons
qualifications badges, he was awarded the Army Commendation Medal and the
Expert Marksmanship Qualification Badge with Pistol Bar as an officer.  The
record contains orders substantiating these entries.

10.  The applicant was honorably released from active duty on 27 February
1970. His DD Form 214 lists his awards as the Army Commendation Medal, the
National Defense Service Medal, the Expert Marksmanship Qualification Badge
with Rifle and Machinegun Bars, the Marksman Marksmanship Qualification
Badge with Rifle and Automatic Rifle Bars, and the Sharpshooter
Marksmanship Badge with Pistol Bar.

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service
Medal is awarded to all members of the Armed Forces of the United States
serving in Vietnam and contiguous waters or airspace there over, from 3
July 1965 through 28 March 1973.  To qualify for the award an individual
must meet one of the following qualifications: Be attached to or regularly
serve for 1 or more days with an organization participating in or directly
supporting military operations.  Be attached to or regularly serve for 1 or
more days aboard a Naval vessel directly supporting military operations.
Actually participate as a crewmember in one or more aerial flights into
airspace above Vietnam and contiguous waters directly supporting military
operations.  Serve on temporary duty for 30 consecutive days or 60
nonconsecutive days in Vietnam or contiguous areas, except that time limit
may be waived for personnel participating in actual combat operations.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant has documented duties that required him to
participate in tactical combat operations in Vietnam, there is no
indication he was officially designated as an aircraft crewmember during
these operations.  Therefore, entitlement to the Vietnam Service Medal is
not established.
2.  The applicant was authorized the Expert Marksmanship Qualification
Badge with Pistol Bar as an officer.  This award is not recorded on his DD
Form 214 which constitutes an administrative error which does not require
action by the Board.  Therefore, administrative correction of the
applicant’s records will be accomplished by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph
3 of the BOARD DETERMINATION/RECOMMENDATION section below.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 February 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 26 February 1973.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__BPI___  __RDG__  __EEM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that in addition to the awards listed on his DD Form 214,
he is also authorized the Expert Marksmanship Qualification Badge.





                                  __    Bernard P. Ingold_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060008052                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . .                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107 VSM                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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