IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100024243 


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:

* he is entitled to two bronze service stars for wear on his Vietnam Service Medal (VSM)
* he was awarded the Jungle Expert Badge
* his unit was awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation

2.  The applicant states he served in Vietnam from 6 December 1967 to
6 February 1968 when he was medically evacuated due to combat injuries.  He believes his time in country included both the Vietnam Counteroffensive Phase III and the Tet Counteroffensive campaigns, meaning he is entitled to the VSM with two bronze service stars.  He qualified as a Jungle Expert at the Jungle Operations Course.  His unit, the 7th Battalion, 15th Artillery, was awarded the RVN Gallantry Cross with Palm Unit Citation.

3.  The applicant provides seven documents which were attached to a self-authored letter with his application.

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 accepted appointment as a Reserve commissioned officer of the United States Army on 7 June 1963.  He entered active duty on 29 November 1966 and he was honorably retired for permanent physical disability on 22 November 1968 after completing 1 year, 11 months, and 24 days of total active service.

3.  His DA Form 66 (Officer Qualification Record) shows in:

* item 16 (Civilian Education and Military Schooling) he completed the U.S. Army School of the Americas (USARSA) Jungle Operations Course in 1967
* item 17 (Foreign Service) he served in Vietnam from 20 November 1967 through 21 February 1968
* item 18 (Record of Assignments) he was assigned for duty in Vietnam with Headquarters, 7th Battalion, 15th Artillery, from 8 December 1967 to 31 January 1968
* item 23 (Qualification in Arms) he qualified as a sharpshooter with the
M-16 rifle

4.  His DD Form 214 shows in:

* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Purple Heart
* VSM
* RVN Campaign Medal with Device (1960)
* National Defense Service Medal
* Air Medal (2d Award)
* Aircraft Crewmember Badge


* Item 25 (Education and Training Completed) he completed the USARSA Jungle Operations Course

5.  His record includes a USARSA certificate showing he completed the Jungle Operations Course.  Printed on the left-hand side of the certificate is an image of a patch composed of a tab reading "jungle expert" on top of the shoulder sleeve insignia of U.S. Army South, which featured a white galleon with a red Maltese cross on the sail mounted on a blue disc.

6.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.

	a.  The regulation states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  His service in Vietnam coincided with two campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

	b.  The regulation provides criteria for all authorized badges.  The Jungle Expert Badge is not an authorized badge.

7.  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 7th Battalion, 15th Artillery, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by Department of the Army General Orders Number 54, dated 1974.

8.  A review of the applicant's records indicates entitlement to an additional decoration that is not shown on his DD Form 214.

9.  Army Regulation 600-8-22 provides that a marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports the applicant's request for correction of his DD Form 214 to show the VSM with two bronze service stars and the RVN Gallantry Cross 


with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The Jungle Expert Badge does not exist in the Army's inventory of authorized badges.  Therefore, there is no basis for granting this portion of the applicant's request.

3.  The applicant participated in two campaigns phases while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on the already-awarded VSM.

4.  He served in the 7th Battalion, 15th Artillery, during a period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  Evidence of record shows he qualified as a sharpshooter with the M-16 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and

	b.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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 award of a Jungle Expert Badge and its addition to his DD Form 214.



      __________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)                                         AR20100024243



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ABCMR Record of Proceedings (cont)                                         AR20100024243



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