RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 September 2007
	DOCKET NUMBER:  AR20070003964 


	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

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Larry Bergquist

Chairperson

Ms. Marla Troup

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 correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add all decorations, medals, badges, commendations, citations and campaign ribbons.  He also requests that where and when his foreign service was performed be entered on his DD Form 214. 

2.  The applicant states his DD Form 214 is incomplete because it does not show all awards he is entitled to nor does it show the location of his foreign service tour.

3.  The applicant did not provide any additional supporting documentation with his application. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 26 April 1965.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 26L (Microwave Radio Repairman).  The highest rank he attained was sergeant /pay grade E-5.  He separated on 25 April 1968 and transferred to the United States Army Reserve (Control Group).  He served on active duty during this enlistment for 3 years.  His characterization of service is honorable.  

3.  The applicant's DD Form 214 shows in Block 22 (Statement of Service) subparagraph c (Foreign And/Or Sea Service) "1 year, 0 months, 0 days" and it does not list the last overseas theater in which he performed his service.

4.  The applicant's DD Form 214 shows in Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entries "National Defense Service Medal (NDSM) and the Good Conduct Medal (GCM)."  It does not show award of the Vietnam Service Medal or award of the Expert Marksmanship Badge with Rifle.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 29 (Qualification in Arms) that he qualified expert on the M16 Rifle on 10 June 1965.

	b.  Item 31 (Foreign Service) that the applicant served in the overseas command USARPAC (United States Army, Pacific) in Thailand from 16 August 1966 to 11 August 1967.

	c.  Item 38 (Record of Assignments) shows his units of assignment as USASTRATCOM (United States Strategic Communications Command) Signal Group (Thailand) from on or about 18 August 1966 to 24 August 1966; USTRATCOM Long Lines Battalion (Thailand) with duty at Udorn from 25 August 1966 to 14 December 1966; and USTRATCOM Long Lines Battalion (Thailand) with duty at Korat from 15 December 1966 to 10 August 1967.  Records show he returned to the Continental United States on or about 11 August 1967. 

6.  Item 41 (Awards and Decorations) shows the applicant was awarded the NDSM and the GCM (First Award).  Item 41 does not show award of the Vietnam Service Medal or the Expert Marksmanship Badge. 

7.  The applicant's record contains Special Orders Number 166, dated 15 June 1965 published by Headquarters, Fort Leonard Wood awarding him the Expert Marksmanship Badge with Rifle Bar.  The badge was presented on 12 June 1965.

8.  Army Regulation 600-8-22 (Military Awards) 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, Thailand, Laos or Cambodia 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.

9.  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.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed be entered in Item 22c.  

DISCUSSION AND CONCLUSIONS:

The applicant contends that his DD Form 214 issued on 26 April 1968 does not show all his awards, decorations, badges, citations or campaign ribbons for this period of service nor does it list the location of his foreign service tour.  

	a. The applicant's record shows conclusively that he served for 1 year in Thailand with USASTRACOM in the United States Army, Pacific Command theater of operations.  He served as a microwave radio repairman.   It is reasonable to assume that his duties and responsibilities as a communications specialist serving with the United States Army Strategic Communications Command were in direct support of operations in the Republic of Vietnam; therefore, he is entitled to award of the Vietnam Service Medal and to have his overseas service theater of operations listed as USARPAC on his DD Form 214.

	b. The applicant's record contained Special Orders awarding him the Expert Marksmanship Badge with Rifle on 15 June 1965; therefore, he is entitled to have his record corrected to show this badge.

BOARD VOTE:

___LB___  __MT ___  __EF ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Vietnam Service Medal and the Expert Marksmanship Badge with Rifle Bar to Item 24 of his DD Form 214.  The Board also recommends that "USARPAC" be added to Item 22c of his DD Form 214.





_____ Larry Bergquist________
          CHAIRPERSON




INDEX

CASE ID
AR20070003964
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070911
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0073
2.

3.

4.

5.

6.