RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20060017093 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. Sherri V. Ward

Chairperson

Mr. Richard T. Dunbar

Member

Mr. David W. Tucker

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, award of the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states, in effect, that while serving at Fort Riley, Kansas, he was part of a group of Soldiers who had returned from Vietnam and were taken to the rifle range for recertification.  The applicant also states, in effect, he remembers the day quite clearly because it was warm and sunny, which would indicate it occurred sometime between July 1968 and early October 1968.  He further states, in effect, he had new eye glasses, felt great at the rifle range, and scored a 64.  The applicant states, in effect, a couple of weeks later copies of the range results were handed out and he remembers he came in at third place out of a group of between 6 and 20 guys.

3.  The applicant also states, in effect, that in 2002 he submitted a request to the National Personnel Records Center (NPRC), St. Louis, Missouri, for his awards and decorations.  When the awards arrived, included in the package was a Marksman Marksmanship Qualification Badge with Rifle Bar, but not an Expert Marksmanship Qualification Badge with Rifle Bar.  He also states, in effect, he contacted the NPRC, but was told that award of the expert qualification badge could not be confirmed from information in his military service records.  The applicant, in effect, expresses his disbelief that the Army has medical and dental files from 40 years ago, but nothing showing he earned the expert qualification badge.  The applicant concludes by stating, in effect, the Army should have a record of individuals in the company and a roster of those who were in the group that went to the rifle range that day, along with their qualifying scores, which will show he earned the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant provides a 3-page self-authored statement and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 15 November 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 15 November 1968, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 5 December 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 applicant's military service records show that he was inducted into the U.S. Army on 18 November 1966.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 05B (Radio Operator).

4.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 3 May 1967 through 15 December 1967.  Item 39 (Campaigns) of this document is absent an entry.  Item 41 (Awards and Decorations) of the DA Form 20 shows he was awarded the National Defense Service Medal and Vietnam Service Medal.

5.  The applicant's military service records show that he was assigned to Headquarters and Headquarters Company, 70th Engineer Battalion (Combat) (Army) in Vietnam from 11 May 1967 through 5 December 1967.  He was assigned to the Medical Holding Detachment, 106th General Hospital (Vietnam) on 6 December 1967 and transferred to the Medical Holding Company, Fitzsimmons General Hospital, Denver, Colorado, on 16 December 1967.  The applicant was honorably REFRAD on 15 November 1968 after completing a total of 1 year, 11 months, and 28 days active service.

6.  The applicant's DD Form 214, issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal and Vietnam Service Medal.

7.  The applicant's military service records contain a copy of Headquarters,
U.S. Army Training Center, Fort Ord, California, Special Orders Number 7, dated 17 January 1967, that show, in pertinent part, the applicant qualified as a marksman with the M-14 rifle on 12 January 1967 and was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  There are no orders in the applicant’s military service records which show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. There also is no evidence in the applicant’s records that shows he qualified expert with the M-14 or the M-16 rifle.

9.  A review of the applicant's records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 2 campaigns:  Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III.

12.  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 that, at the time of the applicant's assignment to Headquarters and Headquarters Company, 70th Engineer Battalion (Combat) (Army), the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 42 (1969).

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 70th Engineer Battalion (Combat) (Army), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

14.  Army Regulation 600-8-22, 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.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  
16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  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.

17.  Army Regulation 600-8-22 provides, in pertinent part, for 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, which includes the Vietnam Service Medal.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

19.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

20.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30
consecutive days of the period cited.

21.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

22.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For Vietnam service, 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 and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar because he qualified expert when he went to the rifle range at Fort Riley, Kansas, sometime between July 1968 and early October 1968.  The applicant’s statement was carefully considered; however, he provides insufficient evidence in support of his claim.

2.  There is no evidence of record, and the applicant provides insufficient documentary evidence, to show that he qualified as an expert with either the
M-14 or M-16 rifle.  Therefore, there is insufficient evidence upon which to base award of the Expert Marksmanship Qualification Badge with Rifle Bar.

3.  The evidence of record shows that Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 18 November 1966 through 15 November 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  Records show that the applicant served in 2 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 2 bronze service stars to be affixed to his Vietnam Service Medal.

6.  Army regulation authorized the applicant award of the Republic of Vietnam Campaign Medal with “1960” Device.  Therefore, he is entitled to correction of his records to show award of this medal.
7.  General Orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show this unit award.

8.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

9.  Records show that the applicant served a total of 7 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of 1 Overseas Service Bar.

10.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 November 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
14 November 1971.  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.
Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__SVW__  ___RTD _  ___DWT_  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:

	a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 18 November 1966 to 15 November 1968;

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

	c.  adding to his DD Form 214 the Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with “1960” Device, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar, and 1 Overseas Service Bar.

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 the Expert Marksmanship Qualification Badge with Rifle Bar.




    ___Sherri V. Ward______
          CHAIRPERSON




INDEX

CASE ID
AR20060017093
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/06/21
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19681115
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Expiration Term of Service
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0108.0000
2.

3.

4.

5.

6.