IN THE CASE OF:	  

		BOARD DATE:	       23 December 2008

		DOCKET NUMBER:  AR20080017388 


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 1969 DD (Department of Defense) Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Bronze Star Medal, an Air Medal, the Combat Infantryman Badge, an Army Good Conduct Medal, a Parachutist Badge, and the Republic of Vietnam Campaign Medal with Device (60).  He also requests, in effect, that the Expert Marksmanship Qualification Badge with Machinegun Bar, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar be added to his separation document.

2.  The applicant states he received a copy of his military personnel file and that the aforementioned awards and badges were missing from his separation document.  He notes some of the awards impact benefits he receives from the VA (Department of Veterans Affairs).

3.  The applicant provides a copy of his DA (Department of the Army) Form 20 (Enlisted Qualification Record) and a copy of his 1969 separation document 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.  Records available to the Board indicate the applicant was inducted into the Army of the United Stated and entered active duty as an enlisted Soldier on
9 August 1967.  He was trained as an infantryman (11B).

3.  While undergoing training at Fort Benning, Georgia he qualified as a sharpshooter with the M-14 rifle.  Orders issued by the United States Army Training Center at Fort Benning on 26 September 1967 awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14].  That badge is reflected on the applicant's separation document as "SPS (M-14)."

4.  While undergoing training at Fort Gordon, Georgia the applicant qualified as an expert with the M-60 machinegun and as a marksman with the M-16 automatic rifle.  Orders issued at Fort Gordon on 29 November and 31 December 1967, respectively, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar [M-60] and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar [M-16].  Neither of those badges is reflected on the applicant's separation document.

5.  Effective 9 February 1968, the applicant was awarded the Parachutist Badge.  Orders issue at Fort Benning on 7 February 1968 confirmed award of the badge.  However, the Parachutist Badge was omitted from the applicant's separation document.

6.  Following completion of training, the applicant was assigned to Company C, 1st Battalion, 503rd Infantry which was part of the 173rd Airborne Brigade.  The applicant arrived in Vietnam in March 1968.  Prior to returning to the United States in March 1969 the applicant was awarded the Combat Infantryman Badge, an Air Medal for meritorious achievement during the period 24 March 1968 to 1 November 1968, a Bronze Star Medal for meritorious service during the period March 1968 to March 1969, and an Army Good Conduct Medal.  Each of these awards was confirmed in orders issued by the 173rd Airborne Brigade in Vietnam although none of the awards were recorded on the applicant's separation document.


7.  On 13 March 1969 the applicant was released from active duty with an honorable characterization of service.  Item 24 (Award and Decorations) on his separation document reflects entitlement to the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, two overseas bars, and the previously mentioned Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14].

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in five campaigns (Tet Counteroffensive; Vietnamese Counteroffensive Phase IV, V, and VI; and Tet 69 Counteroffensive, 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the 1st Battalion, 503rd Infantry, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Order Number 51 dated 1971.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam 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.  The applicant's separation document reflects entitlement to this badge but simply refers to it as the "VCM" (Vietnam Campaign Medal).

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded an Expert Marksmanship Qualification Badge with Machinegun Bar [M-60], a Marksman Marksmanship Qualification Badge with Automatic Rifle Bar [M-16], the Parachutist Badge, the Combat Infantryman Badge, the Air Medal, the Bronze Star Medal, and the Army Good Conduct Medal.  His 1969 separation document should be corrected accordingly.



2.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to the already-awarded Vietnam Service Medal.

3.  The evidence also confirms the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant's separation document already reflects entitlement to the Vietnam Campaign Medal but in the interest of clarity it would be appropriate to correct that entry to read "Republic of Vietnam Campaign Medal with Device (1960)."  It would also be appropriate to replace the "SPS (M-14)" entry with the correct title "Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
[M-14]."  

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.  amending his DD Form 214 to add an Expert Marksmanship Qualification Badge with Machinegun Bar [M-60], a Marksman Marksmanship Qualification Badge with Automatic Rifle Bar [M-16], the Parachutist Badge, the Combat Infantryman Badge, the Air Medal, the Bronze Star Medal, and the Army Good Conduct Medal; 
   
   b.  amending his DD Form 214 to show he is entitled to one silver service star on his already-awarded Vietnam Service Medal and to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
   
   
   c.  by replacing the entries "SPS (M-14)" and "VCM" in item 24 of the applicant's DD Form 214 with the entries "Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14]" and "Republic of Vietnam Campaign Medal with Device (1960)."



      _________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)                                         AR20080017388



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ABCMR Record of Proceedings (cont)                                         AR20080017388



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