RECORD OF PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           2 December 2003                   
	DOCKET NUMBER:   AR2003087790

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Patrick H. McGann		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, 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 Transfer or Discharge) be corrected to add award of the Combat Infantryman Badge.  He further requests that the training he received while he was in the Army be reflected on his DD Form 214, specifically “Stationary Fireman, 11 Delta Cavalry Scout, Demolition, Radarman (portable), and Arms Instructor (Trainfire-Korea).”

2.  The applicant states that he recently began treatment at the Veterans Administration Medical Center in Hampton, Virginia for Post Traumatic Stress Disorder.  He further states that when the counselor reviewed his DD Form 214, he (the counselor) pointed out the “gross errors on my DD214 and suggested I submit this correction.”

3.  The applicant provides a copy of his DD Form 214 and copies of selected pages from his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error that occurred on 8 August 1969.  The application submitted in this case is dated 19 February 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he enlisted in the Army on 14 January 1966.  He completed basic and advanced individual training, where he trained in Military Occupational Specialty (MOS) 11B10 (Light Weapons Infantryman).  The applicant served in Vietnam from 18 July 1966 to 22 April 1967 with Company B, 4th Battalion, 9th Infantry, 25th Infantry Division and with F Troop, 2d Squadron, 11th Armored Cavalry Regiment from 19 August 1968 to 9 November 1968.  The applicant also served in Korea from 16 November 1968 to 7 August 1969.  He returned to the United States and was honorably separated from active duty, in pay grade E-3, on 8 August 1969.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, the National Defense Service Medal and the Armed Forces Expeditionary Medal (Korea).  No other awards or decorations are listed.

5.  Headquarters, 25th Infantry Division Special Orders Number 218, dated 17 August 1966, announced award of the Combat Infantryman Badge to the applicant.

6.  Army Regulation 635-5, in pertinent part, provides that item 25 (Military Education) of the DD Form 214 will reflect formal in-service training courses successfully completed of at least one week in duration.

7.  Army Regulation 600-8-22, Military Awards, provides that marksmanship badges are awarded to indicate the degree in which an individual has qualified in prescribed weapons firing courses or events.  The badges, listed from the highest to lowest degree of marksmanship, are the Expert Badge, the Sharpshooter Badge and the Marksman Badge.  Only the highest degree of marksmanship is listed on an individual's separation document.

8.  Headquarters, Third Training Brigade (Infantry) US Army Training Center, Fort Gordon, Georgia, Special Orders Number 67, dated 11 May 1966, announced award of the Marksman Badge, with Automatic Rifle Bar, to the applicant.

9.  Headquarters, Third Training Brigade (Infantry) US Army Training Center, Fort Gordon, Georgia, Special Orders Number 68, dated 13 May 1966, announced award of the Expert Badge, with Machine Gun Bar, to the applicant.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units that served in the Vietnam War.  This document shows the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm during the period April 1966 through August 1968 by Department of the Army General Orders Number 48, dated 1971.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  The Government of Vietnam awarded this medal 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.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The appendix shows that the applicant is entitled to wear one bronze service star for each the following Vietnam campaigns: Vietnam Counteroffensive, Phase II; Vietnam Counteroffensive, Phase V; and Vietnam Counteroffensive, Phase VI.

DISCUSSION AND CONCLUSIONS:

1.  Special Orders show that the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show this decoration.

2.  There is no record of the applicant completing any in-service training course of one week, or more, in duration other than his initial entry training.  Therefore he is not entitled to correction of his records to reflect training as a Stationary Fireman, Cavalry Scout, Demolition Specialist, Radar Man or Arms Instructor.

3.  Special Orders show that the applicant was awarded the Expert Badge, with Machine Gun Bar.  Since this is the highest level of marksmanship attained by the applicant, he is entitled to correction of his records to show this badge.

4.  General Orders show that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled to correction of his records to show this unit award.

5.  Evidence of record shows that the applicant is eligible for award of the Vietnam Campaign Medal. Therefore, he is entitled to correction of his records to show this award.

6.  Evidence of record shows that the applicant received the Vietnam Service Medal and participated in three campaigns.  As a result, the applicant is entitled to award of three bronze service stars, to be affixed to his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the individual concerned was awarded: the Combat Infantryman Badge; the Expert Marksmanship Badge with Machine Gun Bar; the Republic of Vietnam Gallantry Cross Unit Citation with Palm; the Vietnam Campaign Medal; and three bronze service stars, to be affixed to the Vietnam Service Medal.

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 correction of the individual’s records to reflect training as a Stationary Fireman, Cavalry Scout, Demolition Specialist, Radar Man or Arms Instructor.

		_________Fred N. Eichorn_____________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087790	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031202	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.