IN THE CASE OF:
BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110009495
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 campaign badge (correctly referred to as the Republic of Vietnam Campaign Medal with Device (1960)) for his Vietnam service during the period 1973 to 1977 and all other awards he may be entitled to.
2. He states there were no awards listed on his DD Form 214 (Report of Separation from Active Duty).
3. He provides his DD Form 214 and Permanent Orders Number 18-8, dated
16 May 1977.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows he enlisted in the Army National Guard (ARNG) on 29 March 1973. He was discharged and involuntarily ordered to active duty on 16 May 1976. He was honorably released from active duty on 15 December 1977. He completed 1 year, 6 months, and 28 days of active service this period.
3. His DA Form 2-1 (Personnel Qualification Record) shows in:
* Item 5 (Overseas Service) 22 November 1976 through 5 December 1977, Europe-Germany, 13 months
* Item 9 (Awards, Decorations and Campaigns), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Item 35 (Record of Assignments), 22 November 1976 to 3 December 1977, Germany
4. His DA Form 214 shows in:
* Item 18b (Prior Active Service), 4 months
* Item 18f (Foreign Service), 1 year and 17 days
* Item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), "NA" (Not Applicable)
* Item 27 (Remarks), Country of Last Overseas Service: Germany
5. His ARNG service record is not available for the period 1973 to 1976. Additionally, his record is void of any evidence that shows he served in Vietnam.
6. Permanent Orders Number 18-8, dated 16 May 1977, show the applicant's name was deleted from Permanent Orders Number 17-1, dated 9 May 1977, awarding him the Army Good Conduct Medal (AGCM) (1st Award) for the period 9 February 1974 to 8 February 1977.
7. Army Regulation 600-8-22 states the Republic of Vietnam 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.
8. Army Regulation 635-5 (Personnel Separations), in effect at the time, established standardized procedures for preparation and distribution of the
DD Form 214. The regulation states, in pertinent part, that a DD Form 214 will be prepared for members of the Active Army, Army National Guard, U.S. Army Reserve on active duty, active duty for training, or members of the Army National Guard on full-time training duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 2-1 verifies his entitlement to a Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, his
DD Form 214 should be corrected to show this badge.
2. There is no evidence in the available record and he has provided no evidence to show he served in Vietnam and is entitled to campaigns and decorations associated with service in that country. Therefore, in the absence of documentation to support his claim, there is an insufficient basis to add the Republic of Vietnam Campaign Medal with Device (1960) 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 to item 26 of his 15 December 1977 DD Form 214 the Marksman 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 a Vietnam campaign badge.
_______ _ _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.
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