IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100024715 


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:

a.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 (Report of Transfer of Discharge) be corrected by adding the entry "USARVTD" [U.S. Army Vietnam Transfer Detachment]; 

b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 be corrected by adding the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and a Certificate of Achievement; and

c.  Items 31 (Foreign Service) and 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) be amended  

2.  The applicant states when he processed out of the Army he knew his DD Form 214 was wrong because he had been authorized to wear several ribbons on his green uniform by his commander.  When the personnel clerk handed him the discharge papers he had over 400 people behind him still waiting to be processed.  The clerk then instructed him to remain cool during transport because of the war protesters.  He contends in the 1970s no one would hire you if you put military service on your application.  When he recently applied for several administrative clerk positions his applications were rejected because he requested the 5-point military service award.  Without his DD Form 214 being corrected in item 24 he will not receive the 5-point award.      

3.  He also states:

* He did attach (signed into) but did not join the USARVTD and received combat pay of $42.87 per day prior to shipment to Thailand
* A brigadier general issued him a Certificate of Achievement which would constitute a commendation
* With regard to amending item 31 of his DA Form 20, he was not aware of the location of the operation but he participated in an operation in Laos, Cambodia, Thailand, or Vietnam  
* With regard to amending item 38 of his DA Form 20, the entry "(Vietnam)" was crossed out but without an initial and should not have been

4.  The applicant provides:

* DD Form 214
* DA Form 20

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.  He was inducted into the Army of the United States on 10 September 1968.  He served as a personnel accounting specialist in Thailand and was released from active duty on 29 July 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 22c of his DD Form 214 shows the entry "USARPAC [U.S. Army Pacific] 0 11 0" (11 months).  Item 24 of his DD Form 214 shows the National Defense Service Medal and Good Conduct Medal.  Since these medals are shown on his DD Form 214, this portion of his request will not be discussed further in these proceedings.   

4.  Orders, dated 25 October 1968, show he received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  There are no orders for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) in the available records.

6.  Item 38 of his DA Form 20 shows on 8 July 1969 he was enroute to USARPAC and the entry "(Vietnam)" is crossed out.      

7.  Item 31 of his DA Form 20 shows he served in USARPAC-Thailand from 
30 August 1969 through 29 August 1970 but this end date is incorrect since he was released from active duty on 29 July 1970.  Item 38 of this form shows he departed Thailand on 28 July 1970 for the United States.  

8.  There is no evidence of record which shows the applicant served in Vietnam.

9.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which the service was performed would be entered in item 22c.  

10.  Army Regulation 600-8-22 (Military Awards) 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.  

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

12.  Army Regulation 600-8-22 states the Republic of Vietnam Gallantry Cross with Unit Citation is awarded by the Vietnamese government for valorous combat achievement.

13.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The 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.  

14.  Army Regulation 600-8-22 states only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

15.  At the time, Army Regulation 600-200, chapter 9, prescribed instructions for preparing and maintaining the DA Form 20.  In pertinent part, it stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant served in Thailand, in the USARPAC theater, for 11 months which is properly shown in item 22c of his DD Form 214.

2.  Although he contends he was in Vietnam, there is no evidence of record and the applicant provided no evidence (such as orders, morning reports, or pay records) which shows he served in Vietnam.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show he served in Vietnam or was entitled to any awards and decorations for service in Vietnam.

3.  There are no orders for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) in the available records.  Therefore, there is insufficient evidence on which to add this marksmanship badge to his DD Form 214.  

4.  Orders show he received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  His DD Form 214 should be corrected to show this badge. 

5.  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 Certificate of Achievement on his DD Form 214.

6.  The DA Form 20 was prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel.  As the applicant no longer has a military status, there is no basis for making any changes to his DA Form 20.

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 adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14) to item 24 of his DD Form 214.

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 amending item 22c of his DD Form 214; amending item 24 of his DD Form 214 to show the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), or a Certificate of Achievement; or amending his DA Form 20.



      __________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)                                         AR20100024715





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ABCMR Record of Proceedings (cont)                                         AR20100024715



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