RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060012924 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Kenneth Wright

Chairperson

Mr. Chester Damian

Member

Ms. Ernestine Fields

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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Marksmanship Qualification Badge with Pistol Bar, the Marksmanship Qualification Badge with Missile Bar, the Marksmanship Qualification Badge with Rifle Bar; a second award of the Overseas Service Bar, and the “Cold War Ribbon” or “Cold War Certificate” (correctly known as the Cold War Recognition Certificate).

2.  The applicant states that he earned many awards, that he is proud of his military service, and that he never received the above mentioned awards.  He contends that he did not think it mattered much at the time of his separation but now he knows his military experiences are very important to him. 

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
28 December 1967.  The application submitted in this case is dated 15 August 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.  With regard to the applicant's request for the Cold War Recognition Certificate, the award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U. S. Army Human Resources Command, Cold War Recognition, Hoffman II, ATTN:  AHRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA  22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further in these proceedings.

4.  The applicant enlisted on 18 January 1965 for a period of 3 years.  He arrived in Vietnam on 23 December 1966.  He served as an engine equipment mechanic assigned to Headquarters and Headquarters Detachment, 44th Signal Battalion in Vietnam from 12 January 1967 through 15 July 1967.  He was assigned to Headquarters and Maintenance Support Company, 27th Maintenance Battalion in Vietnam from 22 July 1967 through 30 November 1967.  On 28 December 1967, he was released from active duty.    

5.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, and one award of the Overseas Service Bar.   

6.  There are no orders for the Marksmanship Qualification Badge with Pistol Bar or the Marksmanship Qualification Badge with Missile Bar in the applicant’s service personnel records. 

7.  Headquarters, 4th Training Brigade Special Orders Number 40, dated 
5 March 1965, show the applicant received the Marksman Marksmanship Qualification Badge with Rifle Bar. 

8.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

9.  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 applicant's unit (27th Maintenance Battalion) is entitled to award of the Meritorious Unit Commendation for actions during the period 1 June 1967 to 31 May 1968 based on Department of the Army General Orders Number 28, dated 1969.

10.  Department of the Army Pamphlet 672-3 also shows the applicant’s unit 
(27th Maintenance Battalion) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

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

12.  Army Regulation 600-8-22, in pertinent part, 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.

13.  Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  In pertinent part, it states that one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U. S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival in Vietnam and the month of departure from Vietnam will count as a whole month for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Marksmanship Qualification Badge with Pistol Bar or the Marksmanship Qualification Badge with Missile Bar in the available records.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show these qualification badges.

2.  Orders show the applicant received the Marksman Marksmanship Qualification Badge with Rifle Bar.
  
3.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.

4.  Based on the applicant’s service in Vietnam, he is entitled to two awards of the Overseas Service Bar.  Therefore, his DD Form 214 should be corrected to show an additional award of the Overseas Service Bar. 

5.  The applicant’s unit (27th Maintenance Battalion) was cited for the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.

6.  Records show the applicant should have discovered the alleged errors now under consideration on 28 December 1967; therefore, the time for the applicant to file a request for correction of any error expired on 27 December 1970.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

KW____  __CD____  __EF____  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 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 amending his DD Form 214 to add the Marksman Marksmanship Qualification Badge with Rifle Bar, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, a second award of the Overseas Service Bar, and two bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 Marksmanship Qualification Badge with Pistol Bar or the Marksmanship Qualification Badge with Missile Bar.  



__Kenneth Wright______
          CHAIRPERSON




INDEX

CASE ID
AR20060012924
SUFFIX

RECON

DATE BOARDED
20070327
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.