IN THE CASE OF:  	  

		BOARD DATE:  16 April 2015	  

		DOCKET NUMBER:  AR20140014180 


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) for the period ending 11 August 1970 to show:

* his authorized awards as –

* four bronze service stars with his already-awarded Vietnam Service Medal (VSM)
* three Meritorious Unit Commendations (MUC)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Explosive Ordnance Disposal (EOD) Basic Badge
* RVN EOD Badge
* Sharpshooter Marksmanship Qualification Badge with an unspecified rifle bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

* he completed 1 year, 2 months, and 14 days of foreign service

2.  The applicant states:

	a.  His DD Form 214 for the period ending 11 August 1970 is inaccurate.  This is his second DD Form 214 which is the result of his extension for 6 months while serving as an EOD specialist with the 170th Ordnance Detachment in Vietnam.  This DD Form 214 shows he completed 5 months and 22 days of foreign service, but this is incorrect.  Prior to his extension, he was in Vietnam for 8 months and 23 days, serving as an EOD specialist with the EOD section of the 336th Ordnance Battalion, the 287th Ordnance Detachment, and the 170th Ordnance Detachment.  Thus, his total foreign service in Vietnam should be corrected to show he completed 1 year, 2 months, and 15 days.

	b.  He is entitled to four bronze service stars for his service and participation in four campaigns.

	c.  His Vietnam units were cited for three awards of the MUC.

	d.  All subordinate units were awarded the RVN Gallantry Cross with Palm Unit Citation.

	e.  Orders (in English and Vietnamese) show he was awarded the RVN EOD insignia.

	f.  He was awarded the Sharpshooter Marksmanship Qualification Badge for the M-16 rifle, Expert Marksmanship Qualification Badge for the M-14 rifle, and Basic EOD Badge.

3.  The applicant provides:

* excerpts from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* Vietnamese memorandum for authorization to wear the RVN EOD insignia
* English translation of Vietnamese memorandum, dated 19 March 1970, subject:  Wearing of RVN EOD Insignia
* DA Form 20 (Enlisted Qualification Record)
* DD Forms 214 for the periods ending 15 February 1970 and 11 August 1970

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 was inducted into the Army of the United States on 16 February 1968.

3.  Headquarters, U.S. Army Training Center and Fort Leonard Wood, Special Orders Number 96, dated 5 April 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Special Orders Number 2, dated 2 January 1969, show he was awarded the EOD Badge.  These orders also show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the following marksmanship qualification badges:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (Headquarters, U.S. Army Training Center and Fort Leonard Wood, Special Orders Number 96, dated 1968)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) (5th Infantry Division (Mechanized) and Fort Carson Special Orders Number 99, dated 1969)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) (2d Battalion, 5th Infantry Regiment, Special Orders, dated 1968)

6.  He arrived in Vietnam on 22 May 1969.  His DA Form 20 show he served as an EOD specialist assigned to:

* Headquarters and Headquarters Company (HHC), 336th Ordnance Battalion from 30 May 1969 to 20 July 1969
* 274th Ordnance Battalion from 21 July 1969 to 27 July 1969
* 287th Ordnance Detachment from 28 July 1969 to 14 January 1970
* 170th Ordnance Detachment from 15 January 1970 to 15 February 1970

7.  Records show he participated in three campaigns during his assignment in Vietnam during this period.

8.  On 15 February 1970, he was honorably released from active duty (REFRAD) by reason of expiration of term of service.



9.  His DD Form 214 for the period ending 15 February 1970 shows –

* he was awarded or authorized the –

* National Defense Service Medal (NDSM)
* VSM
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal (ARCOM)
* Army Good Conduct Medal (AGCM)
* Bronze Star Medal (BSM)

* in item 22c (Foreign and/or Sea Service) – he completed 8 months and 23 days of foreign service under the command of U.S. Army Pacific
* in item 30 (Remarks) – he served in Vietnam from 22 May 1969 to 15 February 1970

11.  Following his REFRAD on 15 February 1970, he was voluntarily ordered to active duty effective 16 February 1970 for 6 months.  He served in Vietnam from 16 February 1970 to 7 August 1970 and participated in two additional campaigns.

12.  His records contain a memorandum from the U.S. Military Assistance Command, Vietnam, dated 28 March 1970, subject:  Authorization for Individual Foreign Award, which states he is authorized to accept and wear the EOD Badge presented by the Government of Vietnam.

13.  On 11 August 1970, he was REFRAD.

14.  His DD Form 214 for the period ending 11 August 1970 shows he was awarded or authorized the:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* ARCOM
* AGCM
* BSM

15.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows HHC, 336th Ordnance Battalion, was awarded the MUC for actions during the period 25 September 1968 to 5 August 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970.

16.  Department of the Army Pamphlet 672-3 also shows the 287th Ordnance Detachment was awarded the:

* MUC for actions during the period 1 January to 31 December 1969 by DAGO Number 2, dated 1971
* MUC for actions during the period 1 January 1970 to 31 May 1972 by DAGO Number 5, dated 1973

17.  DAGO Number 8, dated 1974, awarded the RVN 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

18.  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.

19.  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.

20.  Army Regulation 600-8-22 states a bronze service star is worn on the VSM for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

21.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.



DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he is entitled to four bronze service stars with his already-awarded VSM, the evidence shows he participated in five campaigns during his assignment in Vietnam which authorizes him one silver service star with his already-awarded VSM.  Therefore, his DD Form 214 for the period ending 11 August 1970 should be corrected to show this silver service star.

2.  His Vietnam units were cited for three separate awards of the MUC.  Therefore, his DD Form 214 for the period ending 11 August 1970 should be corrected to show these unit awards.

3.  The RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 for the period ending 11 August 1970 to show this unit award.

4.  Special orders show he was awarded the EOD Badge.  Therefore, his DD Form 214 for the period ending 11 August 1970 should be corrected to show this badge.

5.  The authorization for individual foreign award memorandum which shows the applicant was authorized to accept and wear the EOD Badge presented by the Government of Vietnam is accepted as sufficient evidence on which to base adding the EOD Badge (Vietnam) to his DD Form 214 for the period ending 11 August 1970.

6.  His request to add a Sharpshooter Marksmanship Qualification Badge with an unspecified rifle bar was noted.  The evidence shows he qualified as Sharpshooter with the M-14 rifle during initial entry training in 1968, but he later qualified as Expert with the M-14 rifle as cited by special orders issued by the 2d Battalion, 5th Infantry Regiment.  Since the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear, his DD Form 214 for the period ending 11 August 1970 should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  The entry on his DA Form 20 which shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) is accepted as sufficient evidence on which to base adding this badge to his DD Form 214 for the period ending 11 August 1970.

8.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of REFRAD, retirement, or discharge.  His DD Form 214 for the period ending 15 February 1970 shows he served in Vietnam from 22 May 1969 to 15 February 1970 and he completed 8 months and 23 days of foreign service.  Since this period of foreign service was completed before the period covered by his DD Form 214 for the period 16 February through 11 August 1970, there is no basis for adding this additional foreign service to his DD Form 214 for the period ending 11 August 1970.

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 his DD Form 214 for the period ending 11 August 1970:

* MUC (3rd Award)
* RVN Gallantry Cross with Palm Unit Citation
* EOD Badge
* EOD Badge (Vietnam)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* one silver service star with his already-awarded VSM

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 four bronze service stars with his 


already-awarded VSM or amending his foreign service shown on his DD Form 214 for the period ending 11 August 1970.



      _______ _   _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)                                         AR20140014180



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ABCMR Record of Proceedings (cont)                                         AR20140014180



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