IN THE CASE OF:	

		BOARD DATE:	    8 March 2012

		DOCKET NUMBER:  AR20110016632 


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, correction of his DD Form 214 (Report of Transfer or Discharge) to show the Armed Forces Expeditionary Medal, Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), and the 2nd Class Gunner (Marksman) Marksmanship Qualification Badge with two Missile Bars.

2.  The applicant states he earned these awards.

3.  The applicant provides:

* Special Orders Number 151, issued by Headquarters, 64th Artillery Group, Texas, dated 9 August 1968
* Special Orders Number 38, issued by Headquarters, 88th Artillery Group, Wilmington, OH, dated 4 March 1969
* Page 4 of his DA Form 20 (Enlisted Qualification Record)

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 enlisted in the Regular Army (RA) on 3 August 1966.  Except for an annotation in item 38 (Record of Assignments) of his DA Form 20, there are no records for this period of service.  During his initial enlistment he completed training and he was awarded military occupational specialty (MOS) 64B (heavy vehicle driver).  He then served in Korea from 5 January 1967 to
28 October 1967 while assigned to the 1st Battalion, 17th Infantry, 7th Infantry Division as an automatic rifleman, personnel carrier driver, and heavy truck driver.

3.  On 31 August 1967, he reenlisted in the RA for a period of 4 years and training in MOS 16B (Hercules missile crewman).  He returned to the United States and completed the required training for his new MOS.  He was subsequently transferred to Vietnam where he was assigned to G Battery,
55th Artillery, 198th Infantry Brigade from 24 May 1969 to 12 April 1970.  He returned to the United States and served in Florida and Texas.

4.  Item 41 (Awards and Decorations) of his DA Form 20 show he was issued the Armed Forces Expeditionary Medal based on a Department of the Army message.

5.  Special Orders Number 151, dated 9 August 1968, show the applicant was awarded the Expert Marksmanship Qualification Badge with Pistol Bar
(.45 caliber).

6.  Special Orders Number 38, dated 4 March 1969, show the applicant was awarded a 2nd Missileman Badge with missile bar.  Based on his score of 80 he qualified expert.

7.  On 1 September 1971, he was honorably released from active duty at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 5 years and 28 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign 


Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge with Driver-W Bar [for wheel vehicles]

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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 following four campaigns:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

	b.  the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period, including Korea from 1 October 1966 through 30 June 1974; and 

	c.  the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  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.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.

9.  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 G Battery, 55th Artillery, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 by Department of the Army General Order (DAGO) Number 42, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 by DAGO Number 42, dated 1971

10.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea during a qualifying period for entitlement to the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The applicant's unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal vice the two bronze service stars currently shown on his DD Form 214.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).  Therefore, his DD Form 214 should be corrected to show this qualification badge.

5.  Special orders awarded him the "2nd Missileman Badge with missile bar."  Army regulation states an appropriate bar is furnished to denote each weapon with which the individual has qualified.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  As such, a second award of a qualification badge is not authorized.  Only one bar per weapon type is authorized.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the Expert Marksmanship Qualification Badge with Missile Bar.

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 with two bronze service stars, and 

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

* Armed Forces Expeditionary Medal
* Vietnam Service Medal with three bronze service stars
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Expert Marksmanship Qualification Badge with Missile Bar


2.  The Board further determined 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 to item 24 of his 
DD Form 214 a second marksmanship qualification badge with missile bar.



											______________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)                                         AR20110016632



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ABCMR Record of Proceedings (cont)                                         AR20110016632



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