IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100016168 


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 the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Appropriate bronze service stars for campaign participation

2.  The applicant states the above awards are omitted from his DD Form 214.

3.  The applicant provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

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 Regular Army on 3 March 1969 and held military occupational specialty 31J (Teletypewriter Repairer).  He served in Vietnam with the 98th Light Equipment Maintenance Company from 20 December 1969 to 29 November 1970.  

3.  He was honorably released from active duty on 10 December 1971 in the rank/grade of specialist five/E-5 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service requirements.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, shows he was awarded the National Defense Service Medal, Army Commendation Medal, "Rifle Sharpshooter" [Sharpshooter Marksmanship Qualification Badge with Rifle Bar], and Vietnam Service Medal.  Item 24 also lists two campaigns:  the Vietnam Winter- Spring 1970 and 13th Unnamed campaign.

5.  Army Regulation 600-8-22 (Military Awards) provides 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 from 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more. 

6.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the Overseas Service Bar.  In pertinent part, it provided that 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 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.


7.  Headquarters, U.S. Army Training Center, Fort Knox, KY, Special Orders Number 106, dated 16 April 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Headquarters, 1st Field Army Support Command, Fort Lee, VA, Special Orders Number 235, dated 5 November 1971, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  Appendix B of Army Regulation 600-8-22 shows he participated in the Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970), Sanctuary Counteroffensive (1 May - 30 June 1970), and Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 22 December 1969 to 29 November 1970; therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960), and he is entitled to correction of his records to show this award.

2.  The evidence of record also shows he was awarded the Vietnam Service Medal and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars for wear on his Vietnam Service Medal.

3.  General Orders show his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

4.  Special Orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  With respect to the Overseas Service Bars, the Overseas Service Bar is not an award or a decoration; it is an item of clothing.  As such, there is no provision to list an Overseas Service Bar on the DD Form 214.
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 deleting from item 24 of his DD Form 214 the entries:  Rifle: Sharpshooter; Vietnam Winter - Spring 70; and 13th Unnamed Campaign and adding the following awards:

* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Three bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 the Overseas Service Bar. 



      _______ _   _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)                                         AR20100016168



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ABCMR Record of Proceedings (cont)                                         AR20100016168



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