BOARD DATE:	  19 June 2012

		DOCKET NUMBER:  AR20120000077 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* Vietnam Service Medal
* Army Good Conduct Medal
* Vietnam Campaign Medal
* overseas service bar
* Marksmanship Qualification Badge
* his service in Vietnam

2.  The applicant states that his DD Form 214 needs to recognize him as a wartime service veteran and list all of his awards.  The Army also did not list that he is a Vietnam veteran.  He discovered the error when he applied for benefits with the Department of Veterans Affairs (VA).  

3.  The applicant provides:

* letter of appreciation
* DD Form 214 and Honorable Discharge Certificate
* two pictures alleged to be of himself

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 military records show he enlisted in the Regular Army in pay grade E-1 on 13 February 1964, for 3 years.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Dominican Republic (DOM REP) from 3 May 1965 through 9 August 1966.  Item 38 (Record of Assignments) shows he served with the Company A, 1st Battalion, 504th Infantry, DOM REP.  His DA Form 20 does not show he served in Vietnam.  

4.  He provides a copy of a letter of appreciation issued by the 504th Infantry, DOM REP, on 5 July 1966, wherein appreciation was expressed for his outstanding service to that unit as a Squad Leader  

5.  His record contains General Orders Number 32 issued by Headquarters, 82nd Airborne Division, on 20 February 1967, awarding him the Army Good Conduct Medal (1st Award) for the period 12 February 1964 through 11 February 1967.

6.  There are no orders in his records for duty or travel to Vietnam during his period of service.

7.  He was honorably released from active duty in pay grade E-5 on 10 February 1967, at the expiration of his term of service, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows in:

* Item 22c (Foreign and/or Sea Service) – 1 year, 3 months, and 7 days of total foreign service and the entry "(I-30)"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)  - Parachutist Badge, Armed Forces Expeditionary Medal, National Defense Service Medal, and Combat Infantryman Badge

8.  Item 41 (Awards and Decorations) of his DA Form 20 lists the same awards as the DD Form 214.  Item 41 also shows he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-16 and M-1)

9.  The applicant submitted copies of pictures alleged to be of himself during his period of service.

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

	a.  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.  

	b.  The Republic of Vietnam Campaign Medal with Device (1960) (also known as the 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.  

11.  Army Regulation 670-1 (Uniforms and Insignia), then in effect, governed the requirements for the overseas service bar.  It specified a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate DA message.  One overseas service bar was authorized for each 6-month period of Federal service outside the continental limits of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Army Good Conduct Medal.  This award is not shown on his DD Form 214.  Therefore, he is entitled to correction to his DD Form 214 to show this award.

2.  The evidence of record further confirms he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bars (M-16 and M-1).  These awards are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

3.  The evidence of record shows he served in the DOM REP from 3 May 1965 through 9 August 1966, a period of 1 year, 3 months, and 7 days.  This information is appropriately shown on his DD Form 214.  His records do not show he served in Vietnam for any length of time and the documentation he submitted does not show he served in Vietnam for 1 day or more.  The evidence of record failed to show his entitlement to the Vietnam Service Medal or the Vietnam Campaign Medal.  Therefore, he is not entitled to these awards and their addition to his DD Form 214.

4.  There is no effective relief for addition of an overseas service bar to his DD Form 214 as it is an item of clothing and not governed by pertinent regulations for addition to an individual's 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 the evidence presented is 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 the applicant's DD Form 214:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-1)

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 correction his DD Form 214 to show the:

* Vietnam Service Medal
* Vietnam Campaign Medal
* overseas service bar
* he served in Vietnam



      __________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)                                         AR20120000077



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ABCMR Record of Proceedings (cont)                                         AR20120000077



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