RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20070018880 


	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 that his dates of service in Vietnam be changed to June 1967 – July 1968 and that the Bronze Star Medal and other, unidentified awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his service in Vietnam is listed as July 1967 – June 1968 when it is actually June 1967 – July 1968.

3.  The applicant provides his DD Form 214.

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 30 September 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 71B (Clerk Typist).

3.  Item 29 (Qualification in Arms) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he qualified as a sharpshooter with the M-14 Rifle on 16 November 1965.

4.  Headquarters, 24th Artillery Group Special Orders Number 185, dated          26 October 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Carbine Bar.

5.  Item 31 (Foreign Service) of the applicant’s DA Form 20 shows he departed for Vietnam on 27 June 1967.  Item 38 (Record of Assignments) shows he was assigned to the Adjutant General Personnel Division, U. S. Military Assistance Command, Vietnam, on 2 July 1967.  

6.  U. S. Military Assistance Command, Vietnam, General Orders Number 1564, dated 4 June 1968, awarded the applicant the Bronze Star Medal.

7.  Both items 31 and 38 of the applicant’s DA Form 20 show he departed Vietnam on 2 July 1968.  He was credited with participation in four campaigns. 

8.  The applicant was honorably released from active duty on 3 July 1968, in the rank and grade of Staff Sergeant, E-6, after completing 2 years, 9 months, and   4 days of creditable active service with no lost time.

9.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), and the “Marksman Badge.”

10.  The applicant’s dates of service in Vietnam are not listed on his DD Form 214.

11.  The applicant’s records contain no derogatory information.  His DA Form    20 shows his conduct and efficiency were rated as “excellent” throughout his enlistment.

12.  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 (to include the Rifle Bar and the Carbine Bar) is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

13.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix   B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

15.  Department of the Army General Orders Number 8, 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 does not list his service in Vietnam, and his DA Form 20 shows he served in Vietnam from June 1967 – July 1968, so it cannot be determined what record needs to be corrected when the applicant states his “service in Vietnam is listed as July 1967 – June 1968.”

2.  The applicant was awarded the Bronze Star Medal, and this award should be added to his DD Form 214.  

3.  The applicant’s DD Form 214 shows he was awarded a “Marksman Badge” with no further identification.  His DA Form 20 shows he qualified as a sharpshooter with the M-14 Rifle, and orders show he was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar.  The entry “Marksman Badge” should be deleted from his DD Form 214 and the Sharpshooter Marksmanship Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Carbine Bar should be added to his    DD Form 214.

4.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.  This unit award should be added to the applicant’s DD Form 214.

5.  The applicant was credited with participation in four campaigns while in Vietnam.  He is authorized to wear four bronze service stars on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.

6.  The applicant was honorably separated in the rank and grade of Staff Sergeant, E-6 after completing almost 33 months of creditable active service with no lost time.  His records contain no derogatory information and his conduct and efficiency were rated as “excellent” throughout his enlistment.  It appears he met the eligibility criteria for award of the Army Good Conduct 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.  awarding him the first award of the Army Good Conduct for the period     30 September 1965 through 3 July 1968; 

     b.  deleting the entry, “Marksman Badge” from his DD Form 214; and

     c.  amending his DD Form 214 to add the Bronze Star Medal, the Army Good Conduct Medal, the Sharpshooter Marksmanship Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Carbine Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal.

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 his dates of service in Vietnam to June 1967 – July 1968.




      __                 xxx         __
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018880


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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