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ARMY | BCMR | CY2003 | 2003087497C070212
Original file (2003087497C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 4 November 2003
                  DOCKET NUMBER: AR2003087497

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

Mr. Carl W. S. Chun Director
Ms. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Gail J. Wire Member
Mr. Antonio Uribe Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he qualified with the M-60 Machine Gun and the M-16 Rifle.

APPLICANT STATES: In effect, that he served with the 379th Transportation Company (Combat Support), Long Binh, Republic of Vietnam, from 1968-1969. While assigned there he qualified with both the M-60 Machine Gun and the M-16 Rifle. Four times a month, he performed shotgun duty in a supply convey from Long Binh to Tay Ninh. During the performance of this duty, he was injured as result of hostile action and awarded the Purple Heart. Everyone performing shotgun duty was always required to carry the M-60. He provides a name of a soldier that will verify his contention.

EVIDENCE OF RECORD: The applicant's military records show:

That he served in the Regular Army from 27 March 1968-21 May 1971 in military occupational specialty (MOS) 64B (Heavy Vehicle Driver). He arrived in Vietnam on approximately 21 December 1968. He served with the 534th Transportation Company from 29 December 1968 until he was reassigned to the 379th Transportation Company on 18 January 1969. He served with this unit until he left Vietnam and returned to the United States on 25 December 1969.

On 21 May 1971, the applicant was honorably released from active duty. His DD Form 214, in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was authorized award of the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, the Sharpshooter Marksmanship Badge (Rifle M-16) and two Overseas Service Bars.

On 19 February 2000, the National Personnel Records Center, St. Louis, Missouri, corrected the applicant's DD Form 214 by deleting the VSM and the Sharpshooter Marksmanship Badge (M-16 Rifle) and by adding the VSM with 4 bronze service stars, the Meritorious Unit Emblem, the Vietnam Gallantry Cross with Palm Unit Citation Badge and the Sharpshooter Marksmanship Badge (Rifle M-14). The applicant was issued a DD Form 215 (Correction to DD Form 214) to show these changes. The changes are supported by entries in the applicant's Military Personnel Records Jacket (MPRJ).

Army Regulation 600-8-22 (Military Awards), 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.

DISCUSSION
: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. There is no evidence available that shows the applicant qualified with the
M-60 Machine Gun or the M-16 Rifle. The evidence available in the applicant's MPRJ indicates that he qualified as a sharpshooter with the M-14 Rifle, the issue rifle prior to the introduction of the M-16 Rifle.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__fne___ __gjw___ __au____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003087497
SUFFIX
RECON
DATE BOARDED 20031104
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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