BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100026328 


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, in effect, to add the following awards and decorations to item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Army Good Conduct Medal (AGCM)
* Vietnam Service Medal (VSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) (formally known as the Carbine, .30 Caliber M-1 Rifle) 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  He states he believes he is eligible to receive the VSM because he was assigned to the 57th Ordnance Company, 9th Logistical Command, Southeast Asia Treaty Organization (SEATO) military forces in 1962.  He contends all requested awards should be on his DD Form 214.  

3.  He provided:

* a DA Form 662 (Request and Authorization for Military Personnel Temporary Duty (TDY) Travel and Civilian Personnel TDY and Permanent Change of Station (PCS) Travel
* copies of special orders (SO)
* a page from the U.S. Army Japan website


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.  His records show he enlisted in the Regular Army on 6 March 1961 for 
3 years.  He served in military occupational specialty 631.10 (Wheeled Vehicle Mechanic).

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* Item 28 (Qualification in Arms) – he qualified as: 

* Expert Marksmanship Qualification Badge with Carbine Bar on 
* 17 November 1961
* 1st Class Gunner Marksmanship Qualification Badge with Rocket Launcher Bar on 11 April 1963

* Item 29 (Foreign Service) – he served in Okinawa from 17 April 1961 to 
	2 December 1962
* Item 33 (Record of Assignments):

* He was assigned to the 137th Ordnance Company (Special Weapons and Missiles), Korat, Thailand on 10 April 1961 
* He went with the 57th Ordnance Company (Service), 9th Logistical Command to Okinawa from 4 April to 5 October 1962

4.  He provided a DA Form 662 that shows he was scheduled to depart Thailand and to return to Okinawa on or about 3 October 1962.

5.  He provided a copy of Headquarters (HQS), 2nd Infantry Division, SO Number 33, issued on 8 February 1964.  These orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  
6.  He also provided HQS, U.S. Army Infantry Center, SO Number 46, issued on 28 February 1964, which show he was awarded the AGCM (1st Award) under the provisions of Army Regulation 672-15-1 (Decorations and Awards:  Service Medals).

7.  His DD Form 214 shows he was honorably discharged on 5 March 1964.  Item 26 of this form shows he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar and 1st Class Gunner Marksmanship Qualification Badge with Rocket Launcher Bar.  

8.  His DD Form 214 shows he was awarded the proper qualification badge for the M-1 Rifle, formally known as the Carbine, .30 Caliber M-1 Rifle.  Therefore, this badge will not be discussed any further in this record of proceedings. 

9.  He highlighted two paragraphs from the U.S. Army Japan website that shows the narrative history of the 9th Logistical Command.  These paragraphs show the first U.S. troops were deployed to Thailand in May 1962.  More units of the 9th Logistical Command were sent in early 1962 to support the SEATO Exercise Air Cobra.  The unit later became the Logistical Support Element for Joint Task Force 116 to counter conflict in Southeast Asia. 

10.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.  

11.  Army Regulation 600-8-22 (Military Awards) provides Department
of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It prescribes guidance for the following awards:

	a.  The Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

	b.  “Area of operation” is defined as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being 


conducted.  “Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  “Area of eligibility” is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.

	c.  Individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the VSM may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

	d.  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.  Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.  
   
   e.  The National Defense Service Medal (NDSM) 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.  

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to have this badge added to his 
DD Form 214. 



2.  He was awarded the AGCM under the provisions of Army Regulation 
672-15-1; therefore, he is entitled to have this individual award added to his 
DD Form 214. 

3.  His record shows he served honorably from 6 March 1961 through 5 March 1964, which is a qualifying period of service for award of the NDSM.  He is therefore entitled to have this award added to his DD Form 214. 

4.  Based on a qualifying period of service and his assignment to a unit which provided direct support for the Vietnam War, he is entitled to award of the AFEM.  Army Regulation 600-8-22 states, based on eligibility for award of the AFEM and upon request, the VSM may be awarded in lieu of the AFEM.  As he specifically requests the VSM, he is therefore entitled to award of the VSM and to have this award added to his 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 adding the following awards to item 26 of his DD Form 214:

* AGCM (1st Award) 
* NDSM
* VSM
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 adding the Expert Marksmanship Qualification Badge with Carbine Bar 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)                                         AR20100026328





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ABCMR Record of Proceedings (cont)                                         AR20100026328



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