IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140010064 


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 reconsideration of his earlier request for award of the Vietnam Service Medal. 

2.  As a new issue, he also requests: 

	a.  award of the National Defense Service Medal, Armed Forces Expeditionary Medal, shooting medals (i.e., Marksmanship Qualification Badge) with Rifle Bar (M-1), Rifle Bar (M-14), and Pistol Bar. 

	b.  correction of his DA Form 1307 (Individual Jump Record) to add a night jump; a water jump; jumps in Taiwan, Philippines, and 8 additional jumps in Okinawa Northern Training Area. 

2.  The applicant states he believes when the 2nd Airborne Battle Group (ABG), 503rd Infantry was merged with the 173rd Airborne Brigade, many of the personnel records were overlooked because of the escalation of manpower.  He served as a communication specialist with a top secret clearance, in a Headquarters and Headquarters Company (HHC) attached to a general staff handling very sensitive material and he made several reconnaissance trips to various parts of Southeast Asia.  His records should contain this information.  The 173rd officially deployed in 1965.  

3.  The applicant provides:


* DA Form 1705
* Veterans of Foreign wars Eligibility Information 
* Criteria for award of the National Defense Service Medal
* Criteria for award of the Armed Forces Expeditionary Medal
* Criteria for award of the Vietnam Service Medal (previously considered) 
* 173rd Airborne Brigade History 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120003937, on 6 September 2012.  

2.  The applicant does not meet the two-tiered criteria for a request for reconsideration in that his request was neither received within one year of the original Board's decision nor does it contain any new evidence.  However, he raises new issues that are closely related to his original request.  As such, his request will be reconsidered. 

3.  The applicant's records show he enlisted in the Regular Army for 3 years on 5 February 1962.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 723-17 (Communication Center Specialist). 

4.  Following completion of MOS training, he successfully completed the Basic Airborne Course at Fort Benning, GA, and he was awarded the Parachutist Badge. 

5.  He departed Fort Benning on 7 August 1962 and arrived in Kadena Air Force Base, Okinawa, U.S. Army Ryukyu Islands (USARYIS) on 9 August 1962.  He was assigned to HHC, 2nd ABG, 503rd Infantry.  

6.  His DA Form 24 (Service Record) shows in: 

* Section 5 (Service Outside Continental United States (CONUS)), he served in Okinawa from 9 August 1962 to 16 January 1964
* Section 9 (Medals, Decorations, and Citations), he was authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and the Parachutist Badge
* Section 4 (Chronological Record of Military Service) shows he was assigned to HHC, 2nd ABG, 503rd Infantry, from 10 August 1962 to 24 June 1963 and HHC, 173rd Airborne Brigade, 25 June to 15 January 1964

7.  His contemporaneous DA Form 20 (Enlisted Qualification Record) which replaced his DA Form 24 shows in item 28 (Qualification in Arms) the Expert Marksmanship Qualification Badge with Rifle Bar (M-1), awarded on 15 march 1962, and familiarization (not qualification) with the M-14 Rifle on 9 April 1963.

8.  He departed Okinawa on 16 January 1964 enroute to CONUS and upon arrival and leave, he was assigned to Headquarters Battery, 1st Missile Battalion, 62nd Artillery, Scott Air Force Base, Il from 10 March 1964 to 8 February 1965.  

9.  He was honorably released from active duty on 8 February 1965.  His DD Form 214 shows he completed 3 years of active service and he had 4 days of lost time (27 to 30 July 1964).  This form also shows he was awarded or authorized the Expert marksmanship Qualification Badge with Rifle Bar (M-16) and the Parachutist Badge. 

10.  There is no record or indication such as permanent change of station (PCS) orders, temporary duty (TDY) orders, or any other official documents such as pay documents in his service record that show he was ordered to or served in Vietnam.

11.  He provides his DA Form 1307, dated 26 July 1962 and listing his 5 parachute jumps during July, August, and September 1962. 

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

	a.  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.  

	b.  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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  Direct support is defined as services being supplied to participating forces in the area of eligibility and includes:

* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility

	c.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  This award is authorized for various countries and/or operations (none for the applicant's service). 

13.  Army Regulation 600-8-22 also 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.  For example, Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  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. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 5 February 1962 to 8 February 1965.  He served a qualifying period of service for award of the National Defense Service Medal.   Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  The applicant served in Okinawa from on or about 9 August 1962 to on or about 16 January 1964.  There is nothing in his records that shows he went to Vietnam.  He does not meet the criteria for award of the Vietnam Service Medal and is not entitled to this award. 

3.  During the applicant's service in Okinawa, the Armed Forces Expeditionary Medal was authorized to eligible personnel for Vietnam, Laos, Cambodia, and other countries.  It was not authorized for service in Okinawa and he did not serve in any other country at the time.  He does not meet the criteria for award of the Armed Forces Expeditionary Medal and is not entitled to this award. 

4.  He qualified expert with the M-1 rifle and the Expert Marksmanship Qualification Badge with Rifle Bar is already listed on his DD Form 214. 

5.  There is no evidence, in the form of an order, entry on the DA Form 24 or DA Form 20, memorandum/endorsement, or a firing record that shows the applicant qualified with the M-14 rifle or the pistol and/or the degree of qualification.  There is insufficient evidence to award him a badge for any other weapon system. 

6.  With respect to the Individual Jump Record: 

	a.  This form is maintained by the Soldier and unit of assignment while the Soldier is on active duty.  It is no longer maintained and updated after a Soldier's separation from active duty.  

	b.  Additionally, there is insufficient evidence to show the applicant completed the contested parachute jumps (night jump; a water jump; jumps in Taiwan, Philippines, and 8 additional jumps in Okinawa Northern Training Area).

	c.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  There is no sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

	d.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his Individual Jump Record was correct at the time and there is an insufficient evidentiary basis for changing this form.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  With regard to reconsideration of the Vietnam Service Medal, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120003937, dated 6 September 2012.

2.  With regard to the new issue of National Defense Service Medal, 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 his DD Form 214 the National Defense Service Medal.

3.  With regard to all the other new issues, 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 the 

	a.  award of the Armed Forces Expeditionary Medal and Marksmanship Qualification Badge with Rifle Bar (M-14) and Pistol Bar; and  

	b.  correction of his DA Form 1307 (Individual Jump Record) to add a night jump; a water jump; jumps in Taiwan, Philippines, and 8 additional jumps in Okinawa Northern Training Area. 



      __________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)                                         AR20140010064





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ABCMR Record of Proceedings (cont)                                         AR20140010064



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