Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140015514
Original file (20140015514.txt) Auto-classification: Approved

		IN THE CASE OF:	 

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140015514 


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 (Certificate of Release or Discharge from Active Duty) to show all medals, awards, ribbons, and citations he is entitled to, including awards for service in support of operations in Vietnam.

2.  He states, in effect, that newly-recognized awards for service with a unit supporting operations in the Republic of Vietnam (RVN) are not listed on his DD Form 214.  He served on Okinawa with the 258th Personnel Service Company from 21 February 1970 to 16 August 1971.

3.  He provides no additional documentation as evidence.

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 on 16 June 1969.  After initial training, he was awarded military occupational specialty 71H (Personnel Specialist).  He was honorably released from active duty on 31 January 1972 after completing 2 years, 7 months, and 21 days of active military service.

3.  His DD Form 214 shows he was awarded the National Defense Service Medal and Army Good Conduct Medal.  

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms) – he qualified for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Orders Number 150 and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar by Special Orders Number 157
* item 31 (Foreign Service) – he served in U.S. Army Pacific (USARPAC), Okinawa
* item 38 (Record of Assignments) – he was assigned to the 258th Personnel Service Company, USARPAC from 21 February 1970 to 15 August 1971

5.  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.  

6.  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.  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



DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 and special orders shows he qualified for the Expert Marksmanship Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Bar with Grenade Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.  

2.  The applicant served in USARPAC on Okinawa.  Award of the Vietnam Service Medal was not authorized for service at that location.  A review of his record failed to show he is eligible for any awards other than those previously recorded on his DD Form 214 and the marksmanship badges described above.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  

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 awards for service in support of operations in the RVN.




      _______ _   _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)                                         AR20110003276



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140015514



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140021309

    Original file (20140021309.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by showing: * his last unit of assignment as Company C, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division * his duty military occupational specialty (DMOS) as 11B1O (Infantryman Indirect Fireman) * his unit awards include the Presidential Unit Citation (PUC), Valorous Unit Award (VUA), Meritorious Unit Commendation (MUC) * award of the Combat Infantryman Badge...

  • ARMY | BCMR | CY2008 | 20080016207

    Original file (20080016207.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his records to show an appropriate award for his combat service in the Republic of Vietnam (RVN). There are no orders in the applicant’s military personnel records that show he was awarded an individual military decoration during the period of service under review. Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.

  • ARMY | BCMR | CY2014 | 20140013473

    Original file (20140013473.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he was credited with Vietnam service beginning on 10 November 1970 * item 38 (Record of Assignments) – * he was assigned to Headquarters and Headquarters Company, 1st Battalion, 61st Infantry, 1st Brigade, 5th Infantry Division, from 15 November 1970 through on or about 9 June 1971 * he was assigned as a patient...

  • ARMY | BCMR | CY2008 | 20080015328

    Original file (20080015328.txt) Auto-classification: Approved

    The applicant's military personnel records are absent orders or any other evidence that he was awarded the Air Medal. Records show the applicant qualified for award of the Vietnam Service Medal and he participated in 4 campaigns during his service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 21 January...

  • ARMY | BCMR | CY2008 | 20080009970

    Original file (20080009970.txt) Auto-classification: Approved

    The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge; Army Commendation Medal; Army Achievement Medal; Good Conduct Medal; Army Service Ribbon; and the Marksman Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars. There are no orders or other evidence to show the applicant was awarded the Army Commendation Medal. Records show the applicant qualified for award of the Vietnam Service Medal and that he...

  • ARMY | BCMR | CY2008 | 20080006117

    Original file (20080006117.txt) Auto-classification: Approved

    He then served in principal duty as a Supply Sergeant (Duty MOS 76Y), Headquarters and Headquarters Battery, Division Artillery, 1st Infantry Division (USARPAC, RVN) on 22 October 1969 until his departure from the RVN on 3 March 1970; d. Item 39 (Campaigns) shows he participated in the Tet 69 Counteroffensive, 1969 campaign; and e. Item 41 (Awards and Decorations) shows the applicant was authorized the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic...

  • ARMY | BCMR | CY2008 | 20080008022

    Original file (20080008022.txt) Auto-classification: Approved

    b. DA Form 4980-9 (The Air Medal Certificate), dated 29 September 1983, that shows the applicant was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the RVN on 17 November 1969. c. DA Form 1577 (Authorization for Issuance of Awards), dated 20 September 1983, that shows the applicant was authorized issuance of the Bronze Star Medal, Air Medal with Numeral “1,” Army Commendation Medal, Good Conduct Medal,...

  • ARMY | BCMR | CY2009 | 20090000195

    Original file (20090000195.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his discharge document to show two awards of the Bronze Star Medal, two awards of the Purple Heart, and any other awards or decorations he may have been awarded during his military service. e. DA Form 4980-10, dated 3 August 1990, that shows the applicant was awarded the Purple Heart for wounds received in action on 7 April 1968 in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned...

  • ARMY | BCMR | CY2009 | 20090002744

    Original file (20090002744.txt) Auto-classification: Approved

    The applicant’s military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Combat...

  • ARMY | BCMR | CY2009 | 20090000111

    Original file (20090000111.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). At the time of the applicant’s separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 32 of the applicant's DD Form 214 the entry “RVN service from 23 October 1962 to 19 April 1963.” _______XXX_______________ CHAIRPERSON I...