RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070010358 


	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. Antoinette Farley

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons 

Chairperson

Ms. Eloise C. Pendergast 

Member

Mr. Donald L. Lewy

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 reconsideration of his previous request for award of the Expert Marksmanship Qualification Badge with Rifle Bar. 

2.  The applicant also requests, in effect, award of the Presidential Unit Citation (Army), Streamer Embroidered PLEIKU PROVINCE [Presidential Unit Citation], and the Combat Action Badge.

3.  The applicant provides copies of a 9-page self-authored statement; his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 15 November 1968; DA Form 20 (Enlisted Qualification Record); an excerpt from the 1st Infantry Division, Fort Riley, Kansas publication titled "Lineage, Honors, and History"; a letter from Department of the Army, Historian United States Army Engineer School, Fort Leonard Wood, Missouri, dated 26 February 2007; the 70th Engineer Battalion (Kodiaks) Campaign Participation Credits Form, undated; and his DD Form 215 (Correction to DD Form 214, Certificate of release or Discharge from Active Duty), dated 15 August 2007 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR200600117093 on 21 June 2007. 

2.  The applicant provided a 9-page self-authored statement; a letter from Department of the Army, Historian United States Army Engineer School, Fort Leonard Wood, Missouri, dated 26 February 2007; the 70th Engineer Battalion (Kodiaks) Campaign Participation Credits Form, undated; and his DD Form 215 (Correction to DD Form 214, Certificate of release or Discharge from Active Duty), dated 15 August 2007 which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

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), shows in item 31 (Foreign Service), that he served in the Republic of Vietnam from 3 May 1967 through 15 December 1967.  Item 39 (Campaigns) of this document is blank.  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.  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.

8.  The applicant's record shows he was issued a DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty), dated 15 June 2007 to correct: "Item 16 (Terminal Date of Reserved/Units Obligation to read 16 November 1972//; item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) by deleting Vietnam Service Medal//to add: Vietnam Service Medal W/2 Bronze Service Stars//Good Conduct Medal//Republic of Vietnam Campaign Medal W/Device (1960)//Meritorious Unit Commendation//Republic of Vietnam Gallantry Cross W/Palm Unit Citation Badge//Marksman Qualification Badge W/Rifle Bar//1 Over Seas Service Bar//; and item 30 (Remarks) to add: Service in Vietnam: 3 May 1967 to 15 December 1967//Nothing Follows."

9.  His statement in summary addresses several points he made in his previous ABCMR case.  The applicant continues that his reference to rifle range scores being handed out is a change of a person's status such as a promotion, demotion, and awards which becomes part of the unit's daily log thereby creating a record.  
10.  The applicant adds that the ABCMR Record of Proceedings, dated 21 June 2007, shows each award he was authorized dealt with a specific order number and date.  The applicant contends, in effect, that there should be a daily log available from Headquarters and Headquarters 2nd Battalion, 9th Infantry Regiment (Mechanized) that would show the change in the status of his marksmanship qualification scores as well as those of other Soldiers. 

11.  The applicant states that he was evacuated from the Republic of Vietnam to Fitzsimmons Hospital without records and did not receive his pay for two periods until his temporary files (pay records and medical treatment etc) were integrated into his permanent file. 

12.  The applicant states that the ABCMR Record of Proceedings, dated 21 June 2007, pages 4 and 5 lists the various awards and medals that he should have received but he did not receive them due to records mix-up of his permanent and temporary files.  The applicant continues that the ABCMR Record of Proceedings points out that his claim and/or requests are "alleged."  The applicant adds that there is no reasonable explanation from the Board for the hold up of his awards. 

13.  The applicant continues that the ABCMR Record of Proceedings, dated 21 June 2007 in paragraph 10 on page 4 of his ABCMR Record of Proceeding shows that he received conduct and efficiency ratings of excellent which speaks loudly of his character and integrity.  The applicant continues by pointing out that his families' military history began with his grandfather who served in the U.S. Army Calvary (1915) in WW1; his paternal grandfather who served in the infantry (1917) in WW1; and by announcing that his father and seven of his brothers served their country with pride during the periods 1941 through 1971.  The applicant adds that between them they have earned a whole lot of military medals.  The applicant states that given his history does it seem he is a person who would "allege" he earned a medal that he did not.  The applicant adds that there were other mistakes made in his record and/or omissions on his DD Form 214.  

14.  The applicant states that he will soon be 60-years old, is not in the greatest of health, and is 100 percent disabled.  He adds that he displays the medals on his bookcase with pride and would really like to leave an accurate service legacy for his children.  His rifle range record is not readily available unless someone goes through Headquarters and Headquarters, 2nd Battalion, 9th Infantry Regiment's (Mechanized) daily logs for the 150 odd days he was there in the summer of 1968.  The applicant continues that he realizes it is daunting task but references the degree of honesty and integrity pointed out in the ABCMR proceedings in describing his character.
15.  The applicant continues that his final issue was not being awarded the Presidential Unit Citation as shown in an excerpt from the 1st Infantry Division, Fort Riley, Kansas publication titled "Lineage, Honors, and History", dated 5 July 2002.  The article shows that in August 1965, the Battalion arrived at the port of Qui Ni to become the first US combat engineer battalion in the Republic of Vietnam.  The article shows that the 70th Mission was to deploy with the 1st Cavalry Division (Airmobile) in positions around An Khe, and help establish a foothold for US ground forces.  The article shows that in the following two years of combat operations around An Khe, the Battalion moved to Pleiku and continued to perform numerous combat engineering missions.  The article concluded that the 70th's performance during the War in Vietnam War earned three Meritorious Unit Citations and a Presidential Unit Citation for Extraordinary Heroism in Military Operations.  The applicant concludes his statement that he buried his DD Form 214 with a lot of poor memories, suffered with numerous service connected disabilities, and all he wants is what he is entitled.

16.  The applicant provided a copy of the 70th Engineer Battalion (Kodiaks) Campaign Participation Credit for service in the Republic of Vietnam and decorations which the unit may be entitled.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document does not show that, at the time of the applicant’s assignment to the 70th Engineer Battalion (Combat) (Army) in Vietnam during the period 11 May 1967 through 5 December 1967, this unit was cited for award of the Presidential Unit Citation.

18.  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.

19.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  

20.  Army Regulation 600-8-22 (Military Awards), also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.   Award for qualifying service in any previous conflict is not authorized.  Retroactive award of the Combat Action Badge is not authorized prior to 18 September 2001.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar.  He contends that there should be daily logs available documenting this award.  There are no daily logs available and the available records, to include the applicant’s new submissions, are insufficient to authorize him award of the Expert Marksmanship Qualification Badge with Rifle Bar.    

2.  The applicant served with the 70th Engineer Battalion (Combat) (Army) in Vietnam during the period 11 May 1967 through 5 December 1967.  According to the Department of the Army Pamphlet 672-3 the applicant's unit is not cited for award of the Presidential Unit Citation during that time frame.  Therefore, the applicant is not entitled to have his record corrected to show this award.

3.  Additionally, the available evidence shows the applicant served in an active duty status from November 1966 to November 1968.  Retroactive award of the Combat Action Badge is not authorized prior to 18 September 2001.  Therefore, he is not authorized this award.

4.  The applicant’s character and integrity are not in question; the evidence is just not available to support granting the applicant’s request.

5.  During the previous review, the applicant’s DD 214, was corrected to include all of the awards that were omitted.  The DD Form 215, that the applicant provided shows that his record has been corrected to include all of his authorized awards.  Based on the evidence that is available no additional awards can be granted.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LDS____  _DLL___  _ECP___      DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of the ABCMR set forth in Docket Number Docket Number AR20060017093, dated 21 June 2007, or to grant the additional relief requested.




__Linda D. Simmons___
		                    CHAIRPERSON