IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015479 


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 records to show award of the Armed Forces Expeditionary Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and any other awards he is authorized.

2.  The applicant states the awards were omitted from his separation document.

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

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's records to show all of his authorized awards and decorations.

2.  Counsel states, in effect, he defers to the applicant's statement.

3.  Counsel provides no 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 enlisted in the Regular Army on 3 March 1966 for a period of 3 years.  Upon completion of training he was awarded military occupational specialty 11E (Armor Crewman).

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

	a.  item 29 (Qualification in Arms) he qualified Marksman with the rifle (M-14) and Expert with tank weapons, the pistol, and automatic rifle (M-16).

	b.  item 31 (Foreign Service) he served in the Republic of Korea from 8 May 1967 through 3 June 1968;

	c.  item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 1st Battalion, 73rd Armor Regiment, 7th Infantry Division, from 16 May 1967 through 2 June 1968; and

	d.  item 41 (Awards and Decorations) the Armed Forces Expeditionary Medal, National Defense Service Medal, Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) and Tank Weapons Bars, and Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) and Rifle (M-14) Bar.

4.  Headquarters, U.S. Army Training Center, Fort Ord, CA, Special Orders Number 35, dated 13 April 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

5.  Headquarters, 1st Training Brigade (Advanced Individual Training Armor), U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 142, dated 16 July 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar.

6.  Headquarters, Third Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Lewis, WA, Special Orders Number 112, dated 7 October 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Automatic Rifle (M-16A1) Bar.

7.  The applicant's DD Form 214 shows he entered active duty on 3 March 1966, was honorably released from active duty on 28 February 1969, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

	a.  At the time he had completed 2 years, 11 months, and 27 days of net active service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

8.  There is no evidence in the applicant's military personnel records that shows he served overseas in any country other than the Republic of Korea.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for award of the Armed Forces Expeditionary Medal, in pertinent part, includes service in Korea from 1 October 1966 to 30 June 1974.

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.

	c.  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.

	d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Armed Forces Expeditionary Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and any other awards he is authorized.

2.  The evidence of record shows the applicant served a qualifying period of service in Korea for award of the Armed Forces Expeditionary Medal and Korea Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show these two service medals.

3.  There is no evidence of record to show he qualified for award of the Vietnam Service Medal or Republic of Vietnam Campaign Medal.  Therefore, he is not entitled to correction of his records to show either of these service medals.

4.  The evidence of record shows special orders awarded the applicant the Expert Marksmanship Qualification Badge with Automatic Rifle and Tank Weapons Bars and the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show these badges with the component bars.

5.  The evidence of record shows special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.  Item 24 of his DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar; however, there is no evidence of record that supports this entry.  Nonetheless, no action is being taken by the Board to correct the entry.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to item 24 of his DD Form 214 the Armed Forces Expeditionary Medal, Korea Defense Service Medal, Expert Marksmanship Qualification Badge with Automatic Rifle and Tank Weapons Bars, and Marksman Marksmanship Qualification Badge with Pistol Bar.

2  The Board further determined 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 Vietnam Service Medal and Republic of Vietnam Campaign Medal.



      _____________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)                                         AR20100015479



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ABCMR Record of Proceedings (cont)                                         AR20100015479



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