IN THE CASE OF:	  

		BOARD DATE:	       5 MARCH 2009

		DOCKET NUMBER:  AR20080018711 


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 that his 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of the awards and decorations to which he is entitled.

2.  The applicant states his enlisted qualification record shows qualification in several weapons in addition to qualification as a sharpshooter with the M-16 rifle for which he has orders.  He also states his enlisted qualification record reflects participation in several campaign periods but there are no campaign stars reflected on his Vietnam Service Medal.  He also noted that his enlisted qualification record reflects entitlement to three overseas bars.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) and extracts from an unidentified publication which shows the various designated campaigns associated with the Vietnam War.  He also submits a copy of 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.  Records available to the Board indicate the applicant enlisted and entered active duty on 5 December 1967.  Following completion of basic and advanced individual training, the applicant was assigned to the 567th Transportation Company in Vietnam.  His records indicate he arrived in Vietnam on 15 August 1968.

3.  In April 1969 the applicant was reassigned to Company A, 125th Signal Battalion in Vietnam and then returned to the 567th Transportation Company in October 1969.  He remained in Vietnam until 9 April 1970 when he returned to the United States and completed his enlistment contract at Fort Bragg, North Carolina.

4.  Although item 29 (qualification in arms) of his DA Form 20 shows that the applicant qualified as a sharpshooter with the M-14 rifle, the M-16 automatic rifle, the M-79 grenade launcher, and as an expert with the M-60 machine gun, his records only contain orders awarding him the Sharpshooter Marksmanship Qualification Badge with automatic rifle bar denoting his qualification with the 
M-16 automatic rifle.  Those special orders were announced by Headquarters, 50th Signal Battalion, at Fort Bragg on 6 October 1970.  That badge, however, is not reflected on his 1970 separation document.

5.  On 15 December 1970 the applicant was released from active duty with an honorable characterization of service.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal; two Army Commendation Medals, one of which is reflected as "Commendation Medal"; the Vietnam Service Medal; and the Vietnam Campaign Medal with Device (1960).

6.  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.  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.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated that each award of a badge, including basic marksmanship qualification badges, would be announced in special orders by commanders authorized to make the award or in letter orders of the Department of the Army.  Today, approval of marksmanship badges are announced via memorandum, letter, roster, or other locally devised form.

8.  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 567th Transportation Company was awarded a Meritorious Unit Commendation for the period 1 July 1968 to 30 March 1969 by Department of the Army General Order 39 dated 1970.

9.  Department of the Army Pamphlet 672-3 also shows the 567th Transportation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states that one overseas service bar is authorized for each 6-month period of 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 August 1968 and departed in April 1970, he has 20 qualifying months of overseas service credit in Vietnam for overseas service bars.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s DA Form 20 may indicate qualification with several Army weapons, only his qualification as a sharpshooter with the M-16 automatic rifle was confirmed in orders.  In the absence of orders confirming qualification in the other weapons, the entries on his DA Form 20 are insufficient as a basis to correct his separation document to reflect additional basic marksmanship qualification badges beyond the Sharpshooter Marksmanship Qualification Badge with automatic rifle bar.

2.  The applicant's record shows he 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 a silver service star to be affixed to the previously-awarded Vietnam Service Medal.

3.  The evidence confirms the applicant was assigned to a unit during the period the unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

4.  The applicant has 20 months of qualifying Vietnam credit for overseas service bars in accordance with Army Regulation 670-1.  Overseas service bars are items for uniform wear and are not authorized awards for entry on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ___X_____  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 amending his 1970 DD Form 214 to add award of the Sharpshooter Marksmanship Qualification Badge with automatic rifle bar, one silver service star to his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.

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:

   a.  award of marksmanship qualification badges associated with the M-14 rifle, the M-60 machine gun, and the M-79 grenade launcher; and



	b.  adding the overseas service bars to his 1970 DD Form 214.



      _________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)                                         AR20080018711



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ABCMR Record of Proceedings (cont)                                         AR20080018711



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