IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100015951 


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 two overseas service bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and a letter of commendation.

2.  The applicant states these items were overlooked by persons processing him out.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* DD Form 735 (Health Record - Abstract of Service)

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 Army of the United States on 5 November 1963 for a period of 2 years.  He served as an airframe repairman assigned to the 330th Transportation Company in Vietnam from 3 June 1964 through 1 June 1965 and was released from active duty on 4 November 1965.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Armed Forces Expeditionary Medal (AFEM) for service in Vietnam as an authorized award.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows entitlement to the AFEM, two overseas service bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and a letter of commendation.

5.  Orders, dated 6 January 1964, show the applicant received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit at the time of his assignment was awarded the Meritorious Unit Commendation for actions during the period October 1964 to December 1965 by Department of the Army General Orders Number 3, dated 1967.

7.  Department of the Army General Orders Number 8, dated 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.

8.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states 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.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of 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 were counted as whole months for credit toward the overseas service bar.

9.  Army Regulation 600-8-22 (Military Awards) states that only decorations, medals, and ribbons are listed on the DD Form 214.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

10.  Army Regulation 600-8-22 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.

11.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from June 1964 to June 1965.  Based on calculating credit toward the overseas service bar during the Vietnam era, he served for a total of 14 months.  Therefore, he is entitled to two overseas service bars.  However, overseas service bars are actually an item of uniform wear and therefore not an authorized entry on the DD Form 214.

2.  Orders show the applicant received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  The governing regulation states that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.  Therefore, there is no basis for granting the applicant's request to show a letter of commendation on his DD Form 214.

4.  Based on the applicant's service in Vietnam, he is eligible for the Republic of Vietnam Campaign Medal with Device (1960).

5.  The applicant's unit was cited for award of the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 241 should be corrected to show this unit award.

6.  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 and is eligible for this award.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

7.  The applicant served a period of qualifying service for award of the NDSM.

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 the NDSM, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar to item 26 of his DD Form 214.

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 amending his DD Form 214 to show two overseas service bars and a letter of commendation.



      __________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)                                         AR20100015951



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ABCMR Record of Proceedings (cont)                                         AR20100015951



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