IN THE CASE OF:
BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20100000732
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Republic of Vietnam (RVN) Campaign Medal with Device (1960) and to show he qualified with the .45 Caliber Pistol.
2. The applicant states, in effect, that the award of the Combat Infantryman Badge on his DD Form 214 should serve as proof of his service in Vietnam.
3. The applicant provides 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 applicants 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 applicants 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 DD Form 214 shows that he was inducted into the United States Army on 5 November 1963. He was trained in and awarded military occupational specialty (MOS) 05C (Radio Operator).
3. A copy of his DA Form 24 (Service Record) shows he served in Vietnam during the period 16 July 1965 through 23 October 1965. He was assigned to Headquarters and Headquarters Company (HHC), 2nd Brigade, 1st Infantry Division, while in Vietnam. He was honorably released from active duty (REFRAD) on 26 October 1965 and transferred to the United States Army Reserve (USAR) Control Group (Annual), St. Louis, Missouri.
4. The applicant's DD Form 214, Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows he was awarded the Vietnam Service Medal, the Army Good Conduct Medal, the Combat Infantryman Bade, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).
5. The applicant's records also contain an extract of DA Form 20 (Enlisted Qualification Record) that shows in Item 28 (Qualification in Arms) the applicant qualified as Sharpshooter with the M-1 Rifle on 12 December 1963 and qualified as Expert with the M-14 Rifle on 27 January 1965. In addition, the document shows that the applicant completed a familiarization course with the .45 Caliber Pistol on 18 February 1965 but it does not show that he qualified with this weapon.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the 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. Qualifying service included assignment in Vietnam for 6 months or more. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal with Device (1960).
7. Army Regulation 600-8-22, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to show award of the RVN Campaign Medal with Device (1960) and qualification with the .45 Caliber Pistol. His contentions were carefully considered however they are not supported by the evidence.
2. The applicants records show he served in Vietnam during the period 16 July 1965 through 23 October 1965 which is a total of 3 months and 18 days. Army Regulation 600-8-22 states that qualifying service included assignment in Vietnam for 6 months or more. Therefore, he is not entitled to this foreign service medal.
3. The applicant records are void of qualification orders and he did not provide any for the .45 Caliber Pistol. His records show he completed a familiarization course with the weapon but it does not show an entry for qualification. Therefore, he is not entitled to correction of his records to show this marksmanship qualification badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ __X_____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20100000732
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ABCMR Record of Proceedings (cont) AR20100000732
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