IN THE CASE OF:	  

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090013403 


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 all the medals, unit awards, and weapons qualifications, including the .50 caliber pistol and M-14, M-16, and M-50 rifles, to which he is entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests correction of item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) to show his duty military occupational specialty (MOS) as an automatic weapons specialist, infantry MOS.

2.  The applicant states that his DA Form 20 shows he served in duty MOS 16F1O (light truck driver) in Vietnam, but it should have been as an automatic weapons specialist, infantry MOS.  He alleges that the MOS was typed over and unreadable and that he never had a military driver's license.

3.  The applicant provides a copy of his DD Form 214 and his DA Form 20 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 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 in the Regular Army on 14 May 1968 for a period of 3 years.  At the completion of basic combat training and advanced individual training, he was awarded MOS 62E (crawler tractor operator).  His highest grade attained was specialist four, E-4.

3.  Item 29 (Qualification in Arms) of the applicant's DA Form 20 shows he qualified as Expert with the M-16 rifle on 19 July 1968.  There is no evidence which shows he qualified with the .50 pistol or the M-14 and M-50 rifles.

4.  Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood, Special Orders Number 203, dated 22 July 1969, show the applicant qualified with M-16 rifle and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's DA Form 20 shows he was assigned to Vietnam on 20 May 1970 with Battery E, 41st Artillery, as a light truck driver in duty MOS 16F1O.

6.  The applicant departed Vietnam on 13 January 1971.  He was credited with participation in the Sanctuary Counteroffensive and the Vietnam Counteroffensive Phase VII campaigns.

7.  The applicant signed his DA Form 20 and the date of the last audit shows 11 March 1971.

8.  The applicant was released from active duty on 22 October 1971 after completing 2 years, 11 months, and 27 days of active military service.

9.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

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 does not show that the applicant's unit, Battery E, 41st Artillery, was cited for unit awards during the period he was assigned to this unit in Vietnam.

11.  Headquarters, Department of the Army, General Orders Number 8, dated 1974, awarded all units that served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  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.

13.  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.

14.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the overseas service bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

15.  Army Regulation 600-200, chapter 9, in effect at the time, prescribed instructions for preparing and maintaining the DA Form 20.  In pertinent part, it stated that this chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.

16.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to have this foreign unit award added to his DD Form 214.

2.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar for qualification with the M-16 rifle.  Therefore, his DD Form 214 should be amended to reflect this badge.

3.  There is no evidence of record which shows the applicant qualified with the .50 caliber pistol or the M-14 and M-50 rifles.  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show these marksmanship qualification badges.

4.  The DA Form 20 was prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel.  As the applicant no longer has a military status and he reviewed the DA Form 20 prior to his release from active duty, there is no basis to recommend that those records be changed.  The DD Form 214 is the document used to record the military history of a separated individual.

5.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his Vietnam Service Medal.

6.  The applicant served a period of qualifying service in Vietnam for two overseas service bars.  Therefore, it would be appropriate to amend his DD Form 214 to reflect two overseas service 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 amending his DD Form 214 by adding two bronze service stars for wear on his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and two overseas service bars.

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 marksmanship qualification badges for qualification with the .50 caliber pistol and M-14 and M-50 rifles and correction of item 38 of his DA Form 20.



      _______ _ 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)                                         AR20090013403



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ABCMR Record of Proceedings (cont)                                         AR20090013403



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