BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100023384


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 reconsideration of her previous request for correction of the FSM's
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Meritorious Unit Commendation (MUC) and the Marksman Marksmanship Qualification Badge with Carbine Bar (M-1).

2.  As a new issue, the applicant requests, in effect, correction of the applicant's DD Form 214 to show the Vietnam Service Medal (VSM) with one bronze service star.

3.  The applicant states that the FSM's record is in error because his DD Form 214 does not show these awards.  She states:

	a.  Her brother should have been awarded the VSM with one bronze service star instead of the Armed Forces Expeditionary Medal (AFEM), which she states was awarded incorrectly;

	b.  Her brother should have been awarded a second MUC for service in the U.S. Military Assistance Command, Vietnam (MACV);

	c.  The Army Board for Correction of Military Records (ABCMR) erred in its correction of her brother's DD Form 214 to show the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  She states it should instead read the Marksman Marksmanship Qualification Badge with Carbine Bar (M-1).

4.  The applicant provides:

* an extract of Army Regulation 600-8-22 (Military Awards), paragraph 2-13 (VSM)
* an extract of DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 8 (Campaign participation credits), Tables 5 and 11
* a National Archives and Records Administration (NA) Form 13164 (Information Releasable under the Freedom of Information Act)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100007090, on 29 July 2010.

2.  The applicant provides regulatory extracts and an NA Form 13164 which were not previously considered by the Board; therefore, this new evidence warrants consideration by the Board.

3.  The FSM's record shows he was inducted into the Army of the United States on 10 December 1963 for a period of 2 years.  He completed training and he was awarded military occupational specialty 16D (Air Defense Missile Crewman (Hawk)).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

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

5.  His record shows he served in the Republic of Vietnam from 11 September 1965 to 2 December 1965.  While in Vietnam, he was assigned to Battery D,
6th Battalion, 56th Artillery Regiment.

6.  On 7 December 1965, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  His DD Form 214 shows he completed 1 year, 11 months, and 28 days of total active service, including 2 months and 24 days of foreign service in the U.S. Army, Pacific (USARPAC) [Vietnam].

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the AFEM (Vietnam) and the Army Good Conduct Medal (1st Award)

8.  A DD Form 215 (Correction to DD Form 214), dated 16 December 2010, corrected his DD Form 214 by adding to item 26 the:

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

9.  The FSM's record is void of any documentation, and the applicant has not provided any documentation, to show the FSM qualified with the M-1 Carbine.

10.  The applicant provides extracts of DA Pamphlet 672-3, Table 11, which shows MACV was awarded the MUC for the period 8 March 1965 to 31 August 1967, by Department of the Army General Order (DAGO) Number 10, dated 1968.  Further examination of DAGO 10 reveals the MUC was specifically awarded to members of the U.S. Army Special Security Detachments that were attached to MACV.

11.  The applicant also provides an NA Form 13164 which indicates the FSM was previously awarded the "Marksman Badge with Carbine Bar."

12.  Army Regulation 600-8-22 states the VSM 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.  Service members who earned the AFEM for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the VSM instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam. 

13.  Army Regulation 600-8-22 states, in pertinent part, that a bronze service star is authorized with the VSM for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the FSM participated in the Vietnam Defense Campaign (8 March 1965 - 24 December 1965).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested, in effect, award of the VSM with one bronze service star in lieu of the already-awarded AFEM.  Since the FSM did not arrive in Vietnam until September 1965, he was not eligible for the AFEM and should have been awarded the VSM.  Therefore, it would be appropriate to correct the FSM's DD Form 214 by removing the AFEM and replacing it with the VSM with one bronze service star.

2.  With regard to correcting the FSM's record to show a second award of the MUC, General orders awarded the FSM's unit a single award of the MUC.  There is no available evidence to show his unit was awarded, or entitled to, a second MUC during his period of assignment.  Therefore, there is no basis for adding a second MUC to the FSM's DD Form 214.

3.  With regard to correcting the FSM's record to show award of the Marksman Marksmanship Qualification Badge with Carbine Bar (M-1), his record is void of any evidence, i.e. official orders, and the applicant has not provided any evidence, showing the FSM qualified with the M-1 carbine.  Orders do show he qualified with the M-1 rifle.  In the absence of evidence to the contrary, it is presumed he qualified with the M-1 Garand (a rifle) rather than the M-1 Carbine.  Therefore, there is no basis for granting this portion of the applicant's request.

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.  

2.  In regard to the new issue, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
	a.  deleting from item 26 of the FSM's DD Form 214 the Armed Forces Expeditionary Medal, and

	b.  adding to item 26 of the FSM's DD Form 214 the Vietnam Service Medal with one bronze service star.

3.  In regard to the request for reconsideration, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100007090, dated 29 July 2010, as pertains to correcting the FSM's DD Form 214 to show a second award of the Meritorious Unit Commendation and the Marksman Marksmanship Qualification Badge with Carbine Bar (M-1) instead of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by FSM in service to our Nation. The applicant and all Americans should be justifiably proud the FSM's service in arms.




      __________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100023384



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