RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       19 July 2007
      DOCKET NUMBER:  AR20070002478


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Robert J. Osborn              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, that the already-awarded Army
Commendation Medal be added to his DD Form 214, Armed Forces of the
United States, Report of Transfer or Discharge; that he be awarded a
marksmanship qualification badge for the M-60 machinegun; and that the
time he spent in Vietnam be correctly calculated and shown on his DD Form
214.

2.  The applicant states, in effect, that he believes these items were
administratively overlooked at the time he was being returned to state
control.

3.  In support of his request, the applicant provides a copy of his DD
Form 214, with an effective date of release from active duty of 12
December 1969; a copy of General Orders Number 6889 which awards him the
Army Commendation Medal; and a copy of his DA Form 20, Enlisted
Qualification Record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 12 December 1969, the date he was honorably released from
active duty.  The application submitted in this case is dated 5 February
2007.

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 records show that he enlisted in the Hawaii
Army National Guard on 25 April 1967.  He was ordered to active duty for
training on 27 June 1967 and was released from training on 6 November 1967.
 After completing all required training, he was awarded the military
occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant was ordered to active duty for 2 years on 13 May 1968.

5.  On 22 April 1969 he was sent to Vietnam.  On his arrival in Vietnam,
he was assigned to Company C, 3rd Battalion, 8th Infantry Regiment, 4th
Infantry Division.
The applicant served in Vietnam until 22 November 1969 when he was
returned to Hawaii for his release from active duty and return to state
control.

6.  The applicant was released from active duty on 12 December 1969, under
the provisions of Department of the Army Message 913731, in the rank and
pay grade of Sergeant, E-5, with a total of 1 year, 11 months, and 10 days
active military service.

7.  Item 22.c (Statement of Service/Foreign and/or Sea Service) shows the
applicant was credited with 7 months and 2 days service in Vietnam.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he
was awarded:  the National Defense Service Medal, the Vietnam Service
Medal, the Combat Infantryman Badge, and the Expert Marksmanship
Qualification Badge, with Rifle Bar (M-14 Rifle).  The Army Commendation
Medal and a marksmanship qualification badge, for the M-60 machinegun, is
not shown among his authorized awards

9.  The applicant provided a copy of General Orders Number 6889, published
by Headquarters, 4th Infantry Division, on 12 November 1969, which awards
him the Army Commendation Medal, for meritorious service, in the Republic
of Vietnam.

10.  There are no orders in the applicant's service personnel records to
show he was awarded a marksmanship qualification badge for qualification
with the M-60 machinegun.  There is no entry on the applicant's DA Form 20
to show he qualified with the M-60 machinegun.

11.  There is an indication in Item 29 (Qualification in Arms), of the
applicant's DA Form 20, the applicant qualified expert with the M-1 carbine
on 19 November 1967.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which he is
entitled for his campaign participation.

13.  While in Vietnam, the applicant participated in the following three
campaigns:  the Tet 69 Counteroffensive, which extended from 23 February
through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9
June through
31 October 1969; and the Vietnam Winter-Spring 1970, which extended from
1 November 1969 through 30 April 1970.

14.  Army Regulation (AR) 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 also
entitled to award of the Republic of Vietnam Campaign Medal.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

16.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by
units serving in Vietnam, shows the unit the applicant was assigned to
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period October 1966 through 28 July 1969, by Department
of the Army General Order (DAGO) Number 3, dated 1970 and for the period
29 July 1969 through 17 November 1970 by DAGO Number 52, dated 1971; and
the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation, for the period 1 October 1966 through 31 October 1969, by DAGO
53, dated 1970.  These unit awards are not shown on his DD Form 214.

17.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.
18.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

19.  AR 670-1, in effect at the time, governed the requirements for the
overseas service bar.  In pertinent part, it provided 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.
One overseas service bar is authorized for each six-month period served
in the Republic of Vietnam.  To calculate the entitlement, both the month
of arrival and month of departure are counted as a whole month no matter
the number of days in that month that were spent in the hostile fire
zone.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal, for meritorious
service, while he served in Vietnam.  He is therefore entitled to have this
award added to his DD Form 214.

2.  The evidence shows the applicant served in Vietnam for over 6 months,
including the month of his arrival and the month of his departure from
Vietnam.  He is therefore entitled to award of the Republic of Vietnam
Campaign Medal and to have this award added to his DD Form 214.

3.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of three bronze service
stars to be affixed to his already-awarded Vietnam Service Medal and to
have them shown on his DD Form 214.

4.  The applicant served in a unit at the time the unit was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (two awards),
and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation.  He is therefore entitled to these unit awards and to have them
added to his DD Form 214.

5.  The evidence shows the applicant qualified expert with the M-1 carbine.
 Based on this evidence, the applicant is entitled to award of the Expert
Marksmanship Qualification Badge, with Carbine Bar (M-1 Carbine), and to
have this badge added to his DD Form 214.
6.  There is no evidence, and the applicant provided none, to show he
qualified at any level - marksman, sharpshooter, or expert - with the M-60
machinegun.  Due to this lack of evidence, the applicant is not entitled to
award of a marksmanship qualification badge for qualification with the M-60
machinegun.

7.  The evidence shows the applicant served in Vietnam for 7 months and 2
days.  The actual amount of time served in Vietnam by the applicant
amounted to 7 months and 1 day.  It has been the Board's longstanding
policy not to correct an applicant's record if the correction will leave
the applicant worse off than when he applied to the Board for a
correction of his record.  Therefore, the applicant's record will not be
changed to show he served one day less in Vietnam than the amount of time
shown on his DD Form 214, in Item 22.c.

8.  Records show the applicant should have discovered the alleged error now
under consideration on 12 December 1969; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 11 December 1972.  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

____J____  _MJF __  ___RJO _  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.  adding the already-awarded Army Commendation Medal to the
applicant's DD Form 214;

      b.  awarding the applicant the Republic of Vietnam Campaign Medal
and one overseas service bar and adding these awards to his DD Form 214;
      c.  awarding the applicant three bronze service stars to be affixed to
his already-awarded Vietnam Service Medal, to denote his participation in
three campaigns while he served in Vietnam, and to be shown on his DD Form
214 as the Vietnam Service Medal, with three bronze service stars;

      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation (two awards) and the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation, and adding these unit
awards to his DD Form 214; and

      e.  awarding the applicant the Expert Marksmanship Qualification
Badge, with Carbine Bar (M-1 Carbine), and adding this marksmanship badge
to his DD Form 214.

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
changing, in effect, correcting the amount of time served in Vietnam by the
applicant which is now shown in Item 22.c. of the applicant's DD Form 214,
and awarding the applicant a marksmanship qualification badge for
qualification with the M-60 machinegun.




                            ____John T. Meixell______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070002478                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0020                                |
|3.                      |107.0110                                |
|4.                      |120.0000                                |
|5.                      |                                        |
|6.                      |                                        |


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