RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           15 January 2004                  
	DOCKET NUMBER:   AR2003087935

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. William D. Powers		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 (Report of Transfer or Discharge) be corrected to show he received a General Education Diploma (GED) and his award of the Pathfinder Badge.  In effect, he also requests that the notation that he took 8 days excess leave be removed from the DD Form 214.

2.  The applicant states that he completed his GED but does not have any evidence to show its completion.  He states he completed the GED at Fort Hood, Texas, while assigned to Company A, 2nd Battalion, 41st Infantry Regiment, 2nd Armored Division on or about 15 July 1968. 

3.  He states that his records show that he was awarded the Pathfinder Badge but it is not recorded on his DD Form 214.  He also states that he did not take 8 days excess leave.

4.  He dates the discovery of the error or injustice as July 2001.

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

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of alleged error which occurred on 22 August 1968.  The application submitted in this case is dated 3 March 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 entered active duty on 23 August 1968 and successfully completed training with award of the military occupational specialty (MOS) of 11B (Light weapons Infantryman).

4.  He served in Vietnam with the Headquarters and Headquarters Company, 10th Combat Aviation Battalion (Pathfinder Detachment) from 23 February 1967 through 10 February 1968.

5.  He was released from active duty and transferred to the Army Reserve Control Group (Annual Training) on 22 August 1968.
6.  His DA Form 20 (Enlisted Qualification Record) shows:

a.  at item 27 (Military Education), no entries;

b.  at item 29 (Qualification in Arms), he qualified as a sharpshooter with the     M-14, as a marksman with the M-16, and as an expert with the M-60;

c.  at item 32, (Civilian Education), he attended 1 year at Nixa High School;

d.  at item 38 (Record of Assignment), that his conduct and efficiency ratings were exclusively excellent; 

e.  at item 39 (Campaigns), he participated in three campaigns;  

f.  at item 41 (Awards and Decorations), he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Pathfinders Badge (temp), the Sharpshooter Badge with Rifle Bar, and two overseas bars; and

g.  at item 44 (Time lost), this section has no entries.

7.  The applicant’s DD Form 214 shows: 

	a.  at item 24 (Decorations, Medals, Badges), the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Vietnam Campaign Medal, and the Sharpshooter Badge with Rifle Bar; 

b.  at item 26a (Non-pay periods /Time lost) none; 

c.  at item 26b (Days Accrued Leave Paid), none (see 30); and

d.  at item 30 (Remarks), one year high school and as a continuation from item 26, excess leave of 8 days from 3 March through 10 March 1968; 

8.  Headquarters United States Army Vietnam Special Orders 328, dated 24 November 1967, awarded him the Pathfinder Badge (Temporary) effective 10 July 1967.  A second set of orders, dated 27 November 1967 also awarded the Pathfinder Badge.

9.  There is no evidence of record of the applicant being enrolled in a GED program or completing a GED test while on active duty.

10.  Appendix IX of U.S. Army Vietnam Regulation 672-1 provided, in pertinent part, for the award of the Pathfinder Badge.  The regulation authorized award of the Pathfinder Badge upon completion of 90 days of on-the-job training.  Permanent wear of the badge required six months of duty in an authorized position or completion of 25 combat missions whichever occurs earlier.

11.  Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for service during the period 20 July 1965 to 28 March 1973. 

12.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

13.  Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  

DISCUSSION AND CONCLUSIONS:

1.  Without documentation of entrance in and/or completion of a GED program, there is insufficient evidence to warrant relief on this aspect of the application.

2.  The specifics of the applicant’s excess leave are not of record.  However since the notation is in the leave section on his DD Form 214 it would indicate that this was annual leave taken in excess of earned leave available.  Without information to the contrary the entry is correct.

3.  With an award of the Pathfinder Badge (temporary) effective 10 July 1967 and his continued service with the Pathfinder Detachment for six months, the applicant qualifies for permanent award of the Pathfinder Badge.

4.  The applicant qualified for award of the Sharpshooter Badge with Rifle Bar and the Expert Badge with Machinegun Bar (with the M-60).  

5.  The applicant is authorized the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

6.  The applicant distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service and should be awarded the Good Conduct Medal.
BOARD VOTE:

__MKP__  __ALR_ _  __WDP _  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 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 his awards also include the Good Conduct Medal, the Pathfinder Badge, the Expert Badge with Machinegun Bar, and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

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 showing he received a GED and removal of the excess leave entry.  

		_Margaret K. Patterson_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087935	
SUFFIX		
RECON		
DATE BOARDED	20040115	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107	
2.	110	
3.		
4.		
5.		
6.