RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20070017467 


	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.




Director



Analyst
      The following members, a quorum, were present:


`

Chairperson



Member



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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the beginning date of his service in Vietnam as 22 January 1970 in Block 30 (Remarks).  He also requests correction of his DD Form 214 to show award of the Air Medal, the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, marksmanship badges, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states that the beginning date of his service in the Republic of Vietnam is in error in Block 30 on his DD Form 214.  He alleges that his tour in Vietnam began on 22 January 1970 instead of 22 June 1970.  He states that he was awarded the Air Medal on 6 September 1970 and the Army Good Conduct Medal on 16 May 1971.  He also states he is authorized three bronze service stars on his Vietnam Service Medal and he is eligible to wear the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Hand Grenade Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He states, in effect, that these items are verified on the enclosures with his application.  

3.  The applicant provides a copy of his DD Form 214; a letter, dated 22 October 2007, from the National Personnel Records Center; his DA Form 20 (Enlisted Qualification Record); his general orders for award of the Air Medal; his award certificate for award of the Air Medal; a listing of named campaigns in Vietnam; and a listing of campaign and unit awards for the 2nd Battalion and 3rd Battalion of the 14th Infantry, 25th Infantry Division.

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 19 August 1969 for a period of two years.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).  

3.  Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood Special Orders Number 293, dated 20 October 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the First Class Gunner Badge with Hand Grenade Bar.

4.  Item 31 (Foreign Service) on his DA Form 20 shows he was assigned to Vietnam on 22 January 1970.  His DA Form 20 also shows he was assigned to Company B, 2nd Battalion, 14th Infantry, 25th Infantry Division in Vietnam.

5.  The applicant’s personnel records contain Headquarters, 25th Infantry Division, Special Orders Number 26, dated 26 January 1970, which show the applicant was promoted to private first class on 26 January 1970 during his assignment in Vietnam.  

6.  Headquarters, 25th Infantry Division Special Orders Number 138, dated 18 May 1970, promoted the applicant to specialist four on 17 May 1970.  These orders show he was assigned to Vietnam at that time.  

7.  Headquarters, 25th Infantry Division General Orders Number 9421, dated 6 September 1970, awarded the applicant the basic Air Medal for meritorious achievement while participating in aerial flight from 3 February 1970 to 8 May 1970.

8.  The applicant departed Vietnam on 14 December 1970.  He was credited with participation in the Vietnam Winter-Spring 1970 Campaign, the DA Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive Phase VII Campaign.

9.  Headquarters, 1st Brigade, 25th Infantry Division, General Orders Number 64, dated 19 April 1971, awarded the applicant the Army Good Conduct Medal for the period 19 August 1969 to 16 May 1971.

10.  The applicant was honorably released from active duty on 27 May 1971 in the rank of specialist four.  At the time of his separation, he had completed 1 year, 8 months, and 9 days of active military service.

11.  Item 30 on his DD Form 214 shows he served in the Republic of Vietnam from 22 June 1970 through 14 December 1970.  

12.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal (Third Award), the Combat Infantryman Badge, and the Bronze Star Medal with “V” Device (First Oak Leaf Cluster) as authorized awards.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 2nd Battalion, 14th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 2nd Battalion, 14th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 5, dated 1973.

15.  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.  This regulation does not provide for a marksmanship badge for “Gunner.” 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 shows he served in Vietnam from 22 June 1970 through 14 December 1970.  However, his Enlisted Qualification Record and other documents show he was in Vietnam on or about 22 January 1970.  It appears that the beginning date of the applicant’s service in Vietnam is in error.  Therefore, it would be appropriate to amend item 30 on his DD Form 214 to show he served in Vietnam from 22 January 1970 through 14 December 1970.  

2.  General orders show the applicant was awarded the basic Air Medal and the Army Good Conduct Medal.  Therefore, these awards should be added to his DD Form 214.

3.  Orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the First Class Gunner Badge with Hand Grenade Bar.  Therefore, these badges should be added to his DD Form 214.  Although the current Military Awards regulation does not list the First Class Gunner Badge with Hand Grenade Bar as an authorized award, it should be added to his DD Form 214 as an exception to policy.  

4.  The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these foreign unit awards should be added to his DD Form 214.

5.  The applicant received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show three bronze service stars for wear on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

XXX ____  XXX_____  XXX ___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

      a.  deleting the entry “REPUBLIC OF VIETNAM:  22 JUN 70 - 14 DEC 70” from item 30 of his DD Form 214;
      
      b.  adding the entry “REPUBLIC OF VIETNAM:  22 JAN 70 - 14 DEC 70” to item 30 of his DD Form 2114; and

	c.  adding the Air Medal, the Army Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the First Class Gunner Badge with Hand Grenade Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal 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 award of the Expert Marksmanship Qualification Badge with Hand Grenade Bar.  




      _________XXX_____________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070017467


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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