IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100007090 


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, the sister of a deceased former service member (FSM), requests that the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 7 December 1965 be corrected to show the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* two Meritorious Unit Commendations
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Missile Bar
* Expert Marksmanship Qualification Badge with Rifle Bar

2.  The applicant also requests that the FSM's DD Form 214 be corrected to show he completed 5 months and 18 days of foreign service instead of 2 months and 24 days.

3.  The applicant states that the above awards and foreign service were omitted from the FSM's DD 214.

4.  The applicant provides:

* the FSM's DD Form 214

* the FSM's DA Form 20 (Enlisted Qualification Record), prepared on
30 September 1965
* a Freedom of Information Act document
* four pages from Department of Defense Instructions 1348.33
* two pages from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 
* one page from Army Regulation 670-1 (Uniforms and Insignia)
* the applicant's State of Michigan Certificate of Live Birth, issued on
30 August 2006
* the FSM's State of Michigan Certificate of Death, dated 7 September 2006

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 FSM was inducted into the Army of the United States on 10 December 1963 and he successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 16D (Air Defense Missile Crewman (Hawk)).

3.  Headquarters, 3rd Training Brigade Special Orders Number 22, dated 
4 February 1964, shows the FSM was awarded the Marksman Marksmanship Qualification Badge with M-1 Rifle Bar.

4.  Headquarters, 6th Missile Battalion (Hawk), 56th Artillery Special Orders Number 93, dated 18 August 1964, shows the FSM was awarded the Expert Marksmanship Qualification Badge with M-14 Rifle Bar.

5.  Headquarters, 6th Missile Battalion (Hawk), 56th Artillery Special Orders Number 27, dated 9 February 1965 shows the FSM was awarded the Marksman Marksmanship Qualification Badge with Missile Bar.

6.  On 11 September 1965, the FSM arrived in Vietnam and he was assigned to D Battery, 6th Battalion, 56th Artillery.  He departed Vietnam on 2 December 1965.

7.  On 7 December 1965, the FSM was honorably released from active duty after completing 1 year, 11 months, and 28 days of active service.  

8.  The FSM's DD Form 214 for the period ending 7 December 1965 shows he was awarded the Armed Forces Expeditionary Medal and the Army Good Conduct Medal (1st Award).  

9.  Item 24c (Foreign and/or Sea Service) of the FSM's DD Form 214 shows the entry "0" years, "2" months, and "24" days.

10.  Item 31 (Foreign Service) of the FSM's DA Form 20 shows he served in the Republic of Vietnam for 3 months.  Item 41 (Awards and Decorations) shows award of the Armed Forces Expeditionary Medal and the Army Good Conduct Medal (1st Award).

11.  There is no evidence in the FSM's military records that shows he was awarded:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* two Meritorious Unit Commendations
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one Overseas Service Bar

12.  Army Regulation 600-8-22 (Military Awards) as amended provides that 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.  

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 6th Battalion, 56th Artillery, it was cited for award of the Meritorious Unit Commendation for the period November 1965 through June 1966 by Department of the Army General Orders 17, dated 1968.

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

15.  Army Regulation 670-1 governs the requirements for the Overseas Service Bar.  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.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of 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 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The FSM is eligible for award of the National Defense Service Medal.  This medal should be added to his DD Form 214.

2.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The FSM's DD Form 214 should be amended to include this award.

3.  The FSM was assigned to the 6th Battalion, 56th Artillery during a period it was awarded the Meritorious Unit Commendation.  It would now be appropriate to correct his record accordingly.  There is no evidence that shows the FSM is eligible for a second award of the Meritorious Unit Commendation.

4.  Special orders awarded the FSM the Marksman Marksmanship Qualification Badge with M-1 Rifle Bar, Expert Marksmanship Qualification Badge with M-14 Rifle Bar, and Marksman Marksmanship Qualification Badge with Missile Bar.
Therefore, his DD Form 214 should be corrected to show these awards.

5.  Evidence of record shows the FSM served in the Republic of Vietnam from 
11 September 1965 through 4 December 1965.  There is no evidence that shows he served 5 months and 18 days of foreign service.  Therefore, there is insufficient evidence to change item 24c of his DD Form 214.

6.  The applicant contends that the FSM should be awarded the Republic of Vietnam Campaign Medal with Device 1960 and the Overseas Service Bar for his service in the Republic of Vietnam.  Unfortunately, he did not meet the minimum 6 month service requirement for these awards.  The FSM served in the Republic of Vietnam 2 months and 24 days and he must have served 6 months to be eligible for these awards.  

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 the FSM'S DD Form 214 for the period ending 7 December 1965 by adding:

* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Meritorious Unit Commendation
* Marksman Marksmanship Qualification Badge with M-1 Rifle Bar
* Expert Marksmanship Qualification Badge with M-14 Rifle Bar
* Marksman Marksmanship Qualification Badge with Missile Bar

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 second award of the Meritorious Unit Commendation, Republic of Vietnam Campaign Medal with 



Device 1960 and the Overseas Service Bar.  Further, the Board recommends denial of addition foreign service credit.



      _______ _   _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)                                         AR20100007090



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ABCMR Record of Proceedings (cont)                                         AR20100007090



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