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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015514
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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