IN THE CASE OF:	  

		BOARD DATE:	        02 December 2008

		DOCKET NUMBER:  AR20080014571 


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 military records be corrected to show two overseas service bars. 

2.  The applicant essentially states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows one overseas service bar, but he believes that he is entitled to two overseas service bars.

3.  The applicant provides his DD Form 214; a DD Form 215 (Correction to 
DD Form 214), dated 9 July 1968; and a DD Form 215, dated 30 January 2003, which voided his 9 July 1968 DD Form 215 in support of this 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 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 military records show that he was inducted into the Army of the United States on 18 April 1966.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He departed for the Republic of Vietnam on 7 October 1966 and served with Company B, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division during his tour in Vietnam.  He returned to the continental United States on 5 October 1967, and served at Fort Benning, Georgia until he was honorably released from active duty on 17 April 1968.  The DD Form 214 that he was issued at the time of his release from active duty, as amended by the DD Form 215 that was issued on 30 January 2003, shows that he was awarded the Air Medal, the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar, and one overseas service bar.

3.  The applicant's DD Form 214 only shows that he was awarded one overseas service bar.  However, the applicant served in Vietnam from 7 October 1966 to 
5 October 1967.

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  It should be noted that many of the applicant's documents in his military records contained the service number 62XXXX55; however, he was inducted into the Army of the United States under the service number 52XXXX56, and his 
DD Form 214 has already been corrected to show this as his correct service number. 

6.  The applicant's DD Form 214 does not show that he was awarded the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.  However, he was awarded the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar by Headquarters, Fort Polk, Louisiana Special Orders Number 202, paragraph 221, dated 6 August 1966.

7.  The applicant's DD Form 214 also does not show that he was awarded the Second Class Gunner Marksmanship Qualification Badge with Machinegun Bar.  However, he was awarded the Second Class Gunner Marksmanship Qualification Badge by Headquarters, Fort Polk Special Orders Number 202, paragraph 224, dated 6 August 1966.  The Second Class Gunner Marksmanship Qualification Badge with Machinegun Bar was subsequently renamed the Marksman Marksmanship Qualification Badge with Machinegun Bar.
8.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states that one overseas service bar is authorized for each six-month period active Federal service as a member of a U.S. Service in Vietnam, from 
1 July 1958 to 28 March 1973.  Additionally, the months of arrival to and departure from Vietnam are counted as whole months for credit toward the overseas service bar.  As the applicant arrived in Vietnam in October 1966 and departed in October 1967, he has 13 qualifying months of overseas credit in Vietnam for overseas services bars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show two overseas service bars. 

2.  The applicant has 13 months of qualifying Vietnam credit for overseas service bars in accordance with Army Regulation 670-1.  Therefore, he is entitled to correction of his records to show two overseas service bars.

3.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar and the Second Class Gunner Marksmanship Qualification Badge with Machinegun Bar.  The latter was subsequently renamed the Marksman Marksmanship Qualification Badge with Machinegun Bar.  Therefore, he is entitled to correction of his military records to show the award of the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar and Machinegun Bar.

BOARD VOTE:

___X_____  __X______  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from Item 24 of the applicant's DD Form 214, dated 17 April 1968, the entry "1 Overseas Bar"; and
   
   b.  adding to Item 24 of the applicant's DD Form 214, dated 17 April 1968, the entry "two overseas service bars and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar and Machinegun Bar."

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      _________XXX_____________
               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)                                         AR20080014571



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ABCMR Record of Proceedings (cont)                                         AR20080014571



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