IN THE CASE OF:	

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090012534 


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, correction of his records to show all of his awards and decorations.

2.  The applicant states, in effect, he served at the Military Assistance Command Vietnam in Saigon, Vietnam in 1966 and should have been awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with (M-1) Rifle Bar, and Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted and entered active duty in the Regular Army on
29 March 1963.  Upon completion of training he was awarded military occupational specialty 55B (Ammunition Storage).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Qualification in Arms) he qualified Marksman with the M-1 Rifle on 6 May 1963 and Marksman with the M-14 Rifle on 6 November 1964;

   b.  item 31 (Foreign Service) he was assigned overseas in the Republic of Vietnam (RVN) from 23 April 1965 through 25 March 1966;

   c.  item 38 (Record of Assignments) he was assigned to the 551st Ordnance Detachment, U.S. Army, Vietnam [RVN], from 28 April 1965 through 20 March 1966;

   d.  item 39 (Campaigns) is blank; and

   e.  item 41 (Awards and Decorations) that he was authorized the Vietnam Service Medal and Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  Headquarters, 4th Training Brigade, U.S. Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 82, dated 15 May 1963, show the applicant qualified Marksman with the M-1 Rifle on 6 May 1963 and was awarded the Marksman Marksmanship Qualification Badge with (M-1) Rifle Bar.

5.  Headquarters, Special Troops, U.S. Army Garrison, Fort Dix, New Jersey, Special Orders Number 255, dated 24 November 1964, show the applicant qualified Marksman with the M-14 Rifle on 6 November 1964 and was awarded the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any personal decoration award orders pertaining to the applicant.


7.  The applicant's DD Form 214 shows he was honorably released from active duty on 26 March 1966 and he transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  At the time he had completed 2 years, 11 months, and 28 days of net active service and 11 months and 3 days of foreign service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar and Vietnam Service Medal.

8.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Vietnam Defense Campaign (8 March to 24 December 1965) and Vietnam Counteroffensive (25 December 1965 to 30 June 1966).  This regulation also provides, in pertinent part, for 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, including the Vietnam Service Medal. 

10.  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 that at the time of the applicant's assignment to the 551st Ordnance Detachment, the unit was cited for award of the:
   
   a.   Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 48 (1968); and the

   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

11.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.  Additionally, this regulation provides that:

   a.  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 11 September 2001 to a date to be determined; and

   b.  the Republic of Vietnam Campaign Medal with Device (1960) 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.  Qualifying service included assignment in Vietnam for six months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the RVN and Armed Forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show all of his awards and decorations.

2.  Records show the applicant qualified for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

3.  The applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of two bronze service stars to be affixed on his already-awarded Vietnam Service Medal.

4.  Records show the applicant qualified for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign service medal.

5.  General orders awarded the applicant's unit the Meritorious Unit Commendation. Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

7.  There are no orders or other evidence in the applicant's military personnel records, and the applicant fails to provide sufficient evidence, to show that he was awarded the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.  Therefore, he is not entitled to correction of his records in this instance.

8.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar and this badge is recorded in item 26 of his DD Form 214.  Special orders also awarded the applicant the Marksman Marksmanship Qualification Badge with (M-1) Rifle Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show the badge with the respective component bars.
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:

   a.  deleting from item 26 of his DD Form 214 the "Marksman (Rifle M14)" and "Vietnam Service Medal"; and

   b.  adding to item 26 of his DD Form 214 the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 and M-14).

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 the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.



      _______ _   __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)                                         AR20090012534



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ABCMR Record of Proceedings (cont)                                         AR20090012534



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