IN THE CASE OF:	 

	BOARD DATE:	
	DOCKET NUMBER:  AR20080002943 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Expert Marksmanship Qualification Badge be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.  The applicant also requests that his records be corrected to show he was awarded the Combat Medical Badge as opposed to the "Medic Badge" which is currently shown on his DD Form 214.

2.  The applicant states, in effect, that he served as a combat medic in Vietnam from July 1965 to April 1966 with the 101st Airborne Division.

3.  The applicant provides a copy of his DD Form 214 and two self-authored statements addressed "To Whom it May Concern” in support of his request.

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's records show he enlisted in the Regular Army on 18 April 1963.  He completed basic combat training at Fort Ord, California.

3.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar [M-1 Rifle] in Special Orders Number 94, paragraph 4, published by Headquarters, 1st Brigade (Training), Fort Ord, on 3 June 1963.  This marksmanship qualification badge is not shown on the applicant's DD Form 214.

4.  Following completion of basic combat training at Fort Ord, the applicant was sent to Fort Jackson, South Carolina, to undergo advanced individual training.  After completing all required training, he was awarded the military occupational specialty (MOS), 051 (Intermediate Speed Radio Operator).

5.  The evidence of record shows the applicant attended a second advanced Individual training course at Fort Sam Houston, Texas, and was awarded the MOS 91B (Medical Specialist) on 15 April 1965.

6.  The applicant served in Vietnam from 8 July 1965 through 7 April 1966, with Headquarters and Headquarters Company, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division

7.  The applicant was honorably released from active duty, on 15 April 1966, under the provisions of Army Regulation 635-200, as an early release of an overseas returnee.  He was separated in the rank and pay grade of Specialist Four, E-4.  On the date he was released from active duty, he had completed 2 years, 11 months, and 28 days of active military service.

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the Parachutist Badge, the Vietnam Service Medal, the United Nations Wings, and the Medic Badge.  No other awards are shown on the applicant's DD Form 214.

9.  The applicant’s DD Form 214 shows the applicant was awarded the “Medic Badge.”  Special Orders Number 41, paragraph 27, prepared by Headquarters, 1st Brigade, 101st Airborne Division, on 10 February 1966, show he was 

awarded the “Medical Badge.”  Given that these orders were published in Vietnam and the applicant was a medical specialist, it is believed the intention was to award him the Combat Medical Badge and not a “Medic Badge” or the “Medical Badge.”

10.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, Enlisted Qualification Record, showing he was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar.  This badge is also not shown on the applicant’s DD Form 214.

11.  The applicant served on active duty during one of the qualifying periods for award of the National Defense Service Medal; 1 January 1961 through 14 August 1974.  His DD Form 214 does not show his entitlement to the National Defense Service Medal.

12.  The applicant's served in Vietnam for 10 months, including the month of his arrival in and the month of his departure from Vietnam.  His DD Form 214 does not show his entitlement to the Republic of Vietnam Campaign Medal.

13.  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.

14.  While in Vietnam, the applicant participated in the following three campaigns of the Vietnam War:  the Vietnam Defense Campaign, which extended from 8 March through 24 December 1965; the Vietnam Counteroffensive, which extended from 25 December 1965 through 30 June 1966; and the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967.

15.  Army Regulation 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.  Department of the Army (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 that the unit the applicant was assigned to was awarded the Valorous Unit Award, for the period 17 January 1966 through 25 March 1966, by Department of the Army General Order (DAGO) Number 1, dated 1969 and the Meritorious Unit Commendation, for the period
29 July 1965 through 1 October 1966, by DAGO Number 1, dated 1969.  These unit awards are not shown on the applicant’s DD Form 214.

17.  DA Pamphlet 672-3 also shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and from 11 September 2001 to a date to be determined.  The applicant served on active duty during one of the qualifying periods for award of the National Defense Service Medal.  His DD Form 214 does not show his entitlement to the National Defense Service Medal.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal 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 service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its 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 wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

20.  Army Regulation 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar, while he was undergoing his basic combat training.  Even though this achievement was not posted to his records and shown on his DD Form 214 on his release from active duty, a copy of the award orders were on file in his service personnel record.  The applicant is therefore entitled to have this marksmanship qualification badge added to his DD Form 214.

2.  The applicant was awarded the Combat Medical Badge while he served in Vietnam as a combat medic.  The orders which were published, and the entry on his DD Form 214, misidentified the Combat Medical Badge as the “Medic Badge" and as the "Medical Badge.”  The applicant is entitled to have this badge correctly identified on his DD Form 214.

3.  The applicant served honorably during one of the qualifying periods for award the National Defense Service Medal.  He is entitled to this award and to have it shown to his DD Form 214.

4.  The applicant's served in Vietnam for 10 months, including the month of his arrival in and the month of his departure from Vietnam.  The applicant is entitled to award of the Republic of Vietnam Campaign Medal and to have this award shown on his DD Form 214.

5.  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 separation document.

6.  The applicant served in a unit which was awarded the Valorous Unit Award; the Meritorious Unit Commendation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  He is entitled to these unit awards and to have them added to his DD Form 214.

BOARD VOTE:

___x____  ___x____  ___x____  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:

	a.  adding the already-awarded Expert Marksmanship Qualification Badge, with Rifle Bar, to the applicant's DD Form 214;
	b.  deleting the "Medic Badge" from the applicant's DD Form 214 and adding the Combat Medical Badge in its place;

	c.  awarding the applicant the National Defense Service Medal and the Republic of Vietnam Campaign Medal and adding these awards to his DD Form 214;

      d.  awarding the applicant three bronze service stars to be affixed to his 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; and
      
      e.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Valorous Unit Award; and the Meritorious Unit Commendation, and adding these unit awards to his DD Form 214.



      ___________x____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080002943



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ABCMR Record of Proceedings (cont)                                         AR20080002943



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