IN THE CASE OF:
BOARD DATE: 16 October 2008
DOCKET NUMBER: AR20080009147
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two bronze service stars to be worn on his Vietnam Service Medal.
2. The applicant states that his DD Form 214 is missing some awards.
3. The applicant provides a letter, dated 19 August 2002, from the National Personnel Records Center; a DA Form 1577 (Authorization for Issuance of Awards); and a letter from the Custer County, NE, Veterans Service Office, in support of 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 applicants 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 applicants 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 6 February 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty 63H (Automotive Repairman).
3. The applicant arrived in Vietnam and was assigned to the 536th Heavy Equipment Maintenance Company on 7 May 1969.
4. The applicant was reassigned to the 526th Maintenance Company on 11 December 1969.
5. The applicant departed Vietnam on 25 January 1970 after being credited with participation in three campaigns (Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970).
6. The applicant was honorably released from active duty on 30 January 1970. His 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 Army Good Conduct Medal.
7. Item 29 (Qualification in Arms) of the applicants DA Form 20 (Enlisted Qualification Record) shows he qualified as a sharpshooter on 20 March 1967 with the Rifle M-14 and as an expert on 30 April 1969 with the Rifle M-16 (an automatic rifle).
8. 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 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
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 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, to include the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant qualified as a sharpshooter with the Rifle M-14 and as an expert with the Rifle M-16 (an automatic rifle). These badges should be added to his DD Form 214.
2. The evidence of record shows that the applicant was credited with participation in three campaigns; therefore, he is eligible to wear three (not two) bronze service stars on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.
3. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, this unit award should be added to the applicants DD Form 214.
BOARD VOTE:
____XX____ ____XX____ ___XX_____ 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 amending his DD Form 214 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Automatic
Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and to show he is eligible to wear three bronze service stars on his already-awarded Vietnam Service Medal.
_______XXXX_______________
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) AR20080009147
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ABCMR Record of Proceedings (cont) AR20080009147
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