IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110015103 


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 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) to show award of the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Pistol Bar (.45 Caliber), Machine Gun Bar (M-60), and Shot Gun Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two or three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Other unit citations, including the Presidential Unit Citation, Meritorious Unit Commendation or Valorous Unit Award

2.  He states these marksmanship badges and awards were omitted from his DD Form 214 when he left Vietnam and the Army.  

3.  He provides:

* DD Form 214
* Letter from the National Personnel Records Center
* DA Form 24 (Service Record)
* DA Form 20 (Enlisted Qualification Record)
* Several orders awarding him badges and medals
* Standard Form 88 (Report of Medical Examination) 
* Standard Form 89 (Report of Medical History)

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’s request for correction of item 26 of his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) is acknowledged.  However, his DD Form 214 currently reflects the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) in item 26.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.  

3.  The applicant was inducted into the Army of the United States on 26 February 1964.

4.  His DA Form 20 shows in:

* item 28 (Qualification in Arms) he qualified as Expert with M-14 Rifle, .45 Caliber Pistol, Shot Gun, and M-60 Machine Gun 
* item 28 he fired the 45 Caliber Pistol, Shot Gun, and M-60 Machine Gun for familiarization only
* item 29 (Foreign Service) he served in Vietnam from 16 March 1965 to 18 February 1966
* item 33 (Record of Assignments) he was assigned to Company B, 716th Military Police Battalion

5.  He provided the following orders which show:

	a.  Special Orders Number 85, dated 17 April 1964, he qualified as Sharpshooter with M-14 Rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14);

	b.  Special Orders Number 97, dated 24 June 1964, he fired the .45 Caliber Pistol for familiarization on 4 June 1964;

	c.  Special Orders Number 109, dated 21 July 1964, he fired the Shot Gun for familiarization on 2 July 1964; 

	d.  Special Orders Number 111, dated 27 July 1964, he fired the M-60 Machine Gun for familiarization on 21 July 1964;

	e.  Special Orders Number 97, dated 3 August 1965, he was awarded the 1 Year Safe Driver’s Badge; and 

	f.  General Orders Number 2, dated 26 January 1966, he was awarded the Army Good Conduct Medal (1st Award).

6.  He provided his Standard Forms 88 and 89 which show he was qualified for separation.  

7.  On 21 February 1966, he was honorably released from active duty as an overseas returnee.  He completed 1 year, 11 months, and 26 days of total active service.  Item 26 of his DD Form 214 shows the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Driver Badge-W with Bar
* Army Good Conduct Medal (1st Award)

8.  He provided a letter, dated 8 July 2011, from the National Personnel Records Center responding to his request for a copy of his Official Military Personnel File.  

9.  References:

	a.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.  

	b.  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 unit to which the applicant was assigned, Company B, 716th Military Police Battalion, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 17 April 1965 to 18 April 1968 by DAGO Number 31, dated 1969.
	c.  Department of the Army Pamphlet 672-3 shows Company B, 716th Military Police Battalion, was cited for award of the Presidential Unit Citation for the period 31 January to 10 February 1968 by DAGO Number 17, dated 1969 and the Meritorious Unit Commendation for the period March to December 1966 by DAGO Number 17, dated 1968.  The applicant was not assigned to this unit during these periods.

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

   e.  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.  

   f.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Defense Campaign and the Vietnam Counteroffensive Campaign.  
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 20 and orders show he only fired the .45 Caliber Pistol, Shot Gun, and M-60 Machine Gun for familiarization.  His record is void of evidence showing he qualified with any of these weapons.  Therefore, he is not eligible for award of marksmanship qualification badges for these weapons.  

2.  The evidence of record shows he served a period of qualifying service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be amended to show this medal.  

3.  His DD Form 214 currently reflects the Vietnam Service Medal.  He participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  Therefore, his DD Form 214 should be amended to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The applicant was not assigned to Company B, 716th Military Police Battalion in Vietnam during the periods this unit was cited award of the Presidential Unit Citation and Meritorious Unit Commendation.  Review of the Department of the Army Pamphlet 672-3 failed to show that his unit in Vietnam was cited for award of Valorous Unit Award.  Therefore, there is no basis for granting this portion of his 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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Vietnam Service Medal from item 26 of his DD Form 214; and

	b.  adding award of the Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 26 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 Expert Marksmanship 
Qualification Badge with Pistol (.45 Caliber), Shot Gun, and Machine Gun (M-60) Bars, other unit citations, including the Presidential Unit Citation, Meritorious Unit Commendation, and Valorous Unit Award.  




      _______ _   __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)                                         AR20110015103





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110015103



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1