BOARD DATE:	  1 July 2014

		DOCKET NUMBER:  AR20130019371 


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 that his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) be corrected to show award of the Vietnam Service Medal, Air Medal, National Defense Service Medal, Expert Marksmanship Qualification Badge with Pistol and Rifle Bars, Presidential Unit Citation (PUC), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states the above awards were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214, an affidavit from members of his unit, orders and citation for award of the Air Medal, orders for his Combat Infantryman Badge, his DA Form 20 (Enlisted Qualification Record), a combat operations report, and a PUC Citation.

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 Kansas Army National Guard on 4 March 1963 for a period of 6 years.  He completed training as an indirect fire crewman and he enlisted in the Regular Army for a period of 3 years on 31 October 1963. 

3.  His first assignment was Fort Benning, Georgia and he deployed to Vietnam with Company B, 2nd Battalion, 8th Cavalry Regiment on 16 August 1965.  He was reassigned to Company D, 2nd Battalion, 8th Cavalry Regiment on
15 September 1965. 

4.  He served in three campaigns and departed Vietnam on 13 August 1966 and was transferred to Fort Leavenworth, Kansas where he was honorably released from active duty (REFRAD) as an overseas returnee on 19 August 1966.  He had served 2 years, 9 months, and 15 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Combat Infantryman Badge and Expert Marksmanship Qualification Badge with 81mm Mortar Bar.

5.  A review of his official records failed to show that he qualified expert with the rifle and pistol.  His records contain orders only for his qualification with the 81mm mortar.  Additionally, his records contain orders awarding him the Air Medal.

6.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal 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.

7.  Army Regulation 600-8-22 states 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  




8.  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.  

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 his unit was cited for award of the PUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.

10.  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.  

11.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal in duly-authenticated orders and is entitled to have this award added to his DD Form 214.

2.  He served during qualifying periods for awards of the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Campaign Medal with Device (1960) and he is entitled to have these awards added to his DD Form 214. 

3.  Additionally, his unit was awarded the PUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit; therefore, he is entitled to have these awards added to his DD Form 214.

4.  The applicant’s contention that the award the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars should be added to his DD Form 214 has been noted and while the sincerity of his claim is not in doubt, there is no evidence in the available records to show his qualification with the rifle and pistol.  Accordingly, there is no basis to enter those badges on his DD Form 214.

BOARD VOTE:

___X_____  ___X_____  ___X__  GRANT FULL RELIEF 

________  ________  ________  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 Air Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), PUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to 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 adding the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars to his DD Form 214. 

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms. 



      _______ _ 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)                                         AR20130019371



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ABCMR Record of Proceedings (cont)                                         AR20130019371



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