IN THE CASE OF: BOARD DATE: 9 November 2023 DOCKET NUMBER: AR20230003333 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect, in effect, award of the following: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Campaign Medal with Device (1960) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * two DA Forms 20 (Enlisted Qualification Record) * DD Form 214 * partially legible U.S. Army Reserve (USAR) discharge orders, dated 31 October 1969 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He is requesting correction of his DD Form 214 to show award of the “Vietnam Campaign Service Medal,” in effect, the Republic of Vietnam Campaign Medal with Device (1960) instead of the Vietnam Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) instead of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). b. Application for Department of Veterans Affairs (VA) health benefits requires evidence of campaign medal. Since his is applying for this, he is also requesting correction of the marksmanship qualification badge. 3. The applicant’s complete military service record is not available to the Board for review. His service records were requested of the National Personnel Records Center (NPRC), but as of this date remain checked out and unavailable for the Board’s use. His case is being considered using the available evidence provided by the applicant, which suffices to make a determination in his case. 4. The applicant was inducted into the Army of the United States on 20 November 1963 and was awarded the Military Occupational Specialty (MOS) 02L (Saxophone Player). 5. The applicant provided two DA Forms 20 show the following: a. Item 31 (Foreign Service) shows he served in the U.S. Army Pacific (USARPAC), Vietnam, from 17 August 1965 through 18 November 1965, a period of 3 months. b. Item 40 (Wounds) is blank. c. Item 41 (Awards and Decorations) shows the Vietnam Service Medal and “Rifle, M14, Special Order Number 30.” The level of qualification is not reflected in this item. d. Item 28 (Qualification in Arms), on the shorter of the two DA Forms 20, shows Rifle M-14, Qualified EX, 13 January 1965. 6. The applicant’s DD Form 214 shows the following: a. He was honorably released from active duty due to expiration term of service (ETS) and transferred to the USAR Control Group (Annual Training) on 20 November 1965. b. He was credited with 2 years and 1 day of net active service, of which 3 months and 1 day were foreign service in USARPAC. c. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the following: * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. The partially legible USAR orders provided by the applicant show he was honorably discharged from the USAR effective 31 October 1969 due to ETS. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The criteria for the Republic of Vietnam Campaign Medal required a Soldier to have served in Vietnam for a minimum of 6 months to be eligible for the medal. The applicant did not serve in Vietnam long enough to become eligible for this medal. The Board determined there is no basis for adding it to his DD Form 214. 3. The Board concurred with the correction described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 making the correction described in Administrative Note(s) below. 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 the Republic of Vietnam Campaign Medal with Device (1960). 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows his DD Form 214 covering the period ending 20 November 1965, should be amended in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) as follows: * delete: Sharpshooter (Rifle M-14) * add: Expert Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam 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. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. b. 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. c. Permanent awards of badges, except basic marksmanship qualification badges, identification badges, and the Physical Fitness Badge, will be announced in permanent orders by commanders authorized to make the award or permanent orders of Headquarters, Department of the Army. A basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military, or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he/she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. 3. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-11 states applicants do not have a right to a formal hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003333 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1