BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100018403 


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 citations, ribbons, and medals awarded to him.  

2.  He states that the error was just an oversight by some individual.  

3.  He provides a letter from the National Personnel Records Center, page 4 of his DA Form 20 (Enlisted Qualification Record) and his DD Form 214.  

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 12 January 1966.  

3.  Special Orders Number 58, dated 27 October 1966, show he qualified with the M-14 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

4.  Special Orders Number 31, dated 8 March 1967, show he qualified with the M-16 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rife Bar (M-16).  

5.  He served in the Republic of Vietnam (RVN) from 11 April 1967 to 3 November 1968 with Company A, 34th Engineer Battalion.  

6.  General Orders Number 40, dated 15 October 1968, show he was awarded the Army Good Conduct Medal (First Award) for the period 12 January 1966 to the date of separation on or about 8 November 1968.  

7.  Item 41 (Awards and Decorations) on his DA Form 20 lists the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, three overseas service bars, Army Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  He was released from active duty on 6 November 1968.  His DD Form 214 shows he completed 1 year, 6 months, and 26 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 lists no awards.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned,
34th Engineer Battalion, was cited for the following unit awards:

* Meritorious Unit Commendation for the period 2 May 1967 to 31 May 1968 by Department of the Army General Orders (DAGO) Number 39, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967  to 19 December 1968 by DAGO Number 11, dated 1973
* RVN Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974

10.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal 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.  
11.  Army Regulation 600-8-22 states 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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, he participated in the Vietnam Counteroffensive, Phase II, Vietnam Counteroffensive, Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.  

12.  Army Regulation 600-8-22 states the RVN 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.  

13.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Army Good Conduct Medal (First Award).  Therefore, these awards should be added to his DD Form 214.  

2.  He served a period of qualifying service for award of the National Defense Service Medal, Vietnam Service Medal with one silver service star, and RVN Campaign Medal with Device (1960).  Therefore, these awards should be added to his DD Form 214.  

3.  The evidence of record shows he completed 1 year, 6 months, and 26 days of foreign service in the RVN, which is a period of qualifying service for three overseas service bars.  Therefore, he is entitled to wear three overseas service bars.  However, because the overseas service bar is an item of uniform wear, not an award or decoration, it is not typically entered on the 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 amending item 24 of his DD Form 214 by adding the Sharpshooter Marksmanship Qualification Badge with Rife Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rife Bar (M-16), Army Good Conduct Medal (First Award); National Defense Service Medal, Vietnam Service Medal with one silver service star, and RVN Campaign Medal with Device (1960).   




      _______ _  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)                                         AR20100018403





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018403



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1