BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000901 


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 show his Vietnam service and all associated awards.

2.  The applicant states his awards and military record from his Vietnam service is not complete and that he was attached to other units while in country.

3.  The applicant did not provide any additional documentary evidence.

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's records show he enlisted in the Kansas Army National Guard on 31 March 1960.  He was subsequently ordered to active duty for training on 4 September 1960 and completed training for military occupational specialty (MOS) 112.00 (Heavy Weapons Infantry).  He was released from active duty for training on 3 March 1961 to the control of his Army National Guard unit.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) and the Second Class Marksmanship Qualification Badge with Mortar Bar (81 millimeter).

4.  He enlisted in the Regular Army on 13 July 1961 for a period of 3 years and held MOS 717.10 (Administrative Specialist).

5.  His records also show he served in the Republic of Vietnam from on or about 16 May 1963 to on or about 14 May 1964.  He was assigned to the U.S. Army Support Command - Vietnam.

6.  He was honorably released from active duty on 15 May 1964 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

7.  Item 26 of his DD Form 214 for the period ending on 15 May 1964 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Second Class Marksmanship Qualification Badge with Mortar Bar (81 millimeter), Armed Forces Expeditionary Medal, and Army Good Conduct Medal.

8.  Item 28 (Qualifications in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106 millimeter) on 14 December 1960 and the Expert Marksmanship Qualification Badge with Mortar Bar (4.2 inch) on 24 November 1960.

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation for service in Vietnam to Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) states 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 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  The case analyst of record contacted the applicant on three different occasions to inquire if he had official orders awarding him any specific individual awards; however, he did not answer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Vietnam and associated awards.

2.  General orders awarded his unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit awards.

3.  Special orders awarded him the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106 millimeter) and the Expert Marksmanship Qualification Badge with Mortar Bar (4.2 inch) which are not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  The evidence of records show the applicant served a qualifying period of service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to correction of his records to show it.

5.  The evidence of record shows the applicant served in the Republic of Vietnam from on or about 16 May 1963 to on or about 14 May 1964.  Although there was no requirement to list this service on his DD Form 214 at the time of his discharge, there is no harm to the Army or the applicant if this period of service is now listed on his DD Form 214.


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.  adding to item 26 of his DD Form 214, dated 15 May 1964, the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106 millimeter), and the Expert Marksmanship Qualification Badge with Mortar Bar (4.2 inch) and

	b.  adding to item 32 (Remarks) of the same DD Form 214 the entry "Service in Vietnam from 16 May 1963 to on or about 14 May 1964.



      __________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)                                         AR20100000901



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)