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ARMY | BCMR | CY2002 | 2002080366C070215
Original file (2002080366C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 April 2003
         DOCKET NUMBER: AR2002080366


         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
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Roger W. Able 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)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Marksman Marksmanship Qualification Badge or the Sharpshooter Marksmanship Qualification Badge. He also requests, in effect, additional bronze service stars to be affixed to his Vietnam Service Medal.

3. The applicant states that his DD Form 214 does not show the "Marksman" or "Sharpshooter." He also states, in effect, that unit members were awarded a "Bronze Star" for operations in which they participated; however, he did not receive them. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted on 12 July 1968. He served as a light weapons and intelligence specialist in Vietnam from
2 January 1969 through 2 January 1970 and was honorably released from active duty on 10 July 1970.

5. The applicant's DD Form 214 does not show the Marksman Marksmanship Qualification Badge or the Sharpshooter Marksmanship Qualification Badge as authorized awards.

6. The applicant's DD Form 214 shows the Vietnam Service Medal with two bronze service stars as an authorized award.

7. Special Orders show the applicant qualified "marksman" with the M-14 rifle and the M-16 rifle and received the Marksman Marksmanship Qualification Badge for each rifle.

8. There is no evidence in the applicant's service personnel records which shows the applicant qualified "sharpshooter" with any weapon.

9. The applicant's records show that he served in Vietnam from 5 January 1969 through 2 January 1970 and participated in four campaigns during his assignment in Vietnam.

10. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

11. The Board notes that the applicant is eligible for two Overseas Service Bars for his service in Vietnam. These awards are not shown on his DD Form 214.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969. This award is not shown on his DD Form 214.

13. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. 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.

14. 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.

15. Army Regulation 600-8-22 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

16. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. Evidence of record shows the applicant qualified "marksman" with the M-14 rifle and the M-16 rifle and received the Marksman Marksmanship Qualification Badge for each rifle.

2. There is no evidence of record, and the applicant has provided no evidence, which shows that he qualified "sharpshooter" with any weapon.

3. Based on the foregoing, the applicant's DD Form 214 should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar
(M-16).

4. The applicant's DD Form 214 shows the Vietnam Service Medal with two bronze service stars as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam. Therefore, the applicant is entitled to two additional bronze service stars to be affixed to his Vietnam Service Medal, for a total of four bronze service stars.

5. The applicant is entitled to the first award of the Good Conduct Medal for the period 12 July 1968 through 10 July 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant is entitled to correction of his records to show this award.

6. The applicant is entitled to two Overseas Service Bars for his service in Vietnam from 5 January 1969 through 2 January 1970. Therefore, his DD Form 214 should be corrected to show these awards.

7. The applicant's unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

8. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by showing that the individual concerned was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14);

b. by showing that the individual concerned was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16);

c. by showing that the individual concerned was awarded the Vietnam Service Medal with four bronze service stars;

d. by showing that the individual concerned was awarded the first award of the Good Conduct Medal;

e. by showing that the individual concerned was awarded two Overseas Service Bars; and

f. by showing that the individual concerned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

SAC___ RWA____ PHM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Samuel A. Crumpler__
                  CHAIRPERSON




INDEX

CASE ID AR2002080366
SUFFIX
RECON
DATE BOARDED 20030403
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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