RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 March 2005
      DOCKET NUMBER:  AR20040003653


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jonathon K. Rost              |     |Member               |

      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, in effect, that the Army Commendation Medal
(ARCOM) be added to his record and separation document (DD Form 214)
and that the Expert Qualification Badge with 90 millimeter (mm) Mortar Bar
entry on his DD Form 214 be corrected.

2.  The applicant states, in effect, that the ARCOM he received was not
included on his DD Form 214.   He also claims that the Army did not have a
90mm mortar badge and that the light infantry had a 60mm, which he received
orders for.  He claims the DD Form 214 entry should have read 90mm
recoilless rifle.

3.  The applicant provides the following documents in support of his
application:  DD Form 214, Military Occupational Specialty (MOS) Orders,
Army Achievement Medal (AAM) Certificate, ARCOM Orders and Certificate and
Senior Enlisted Evaluation Report (DA Form 2166-5A).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 24 July 1983.  The application submitted in this case is
dated
21 June 2004.

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 record shows that he enlisted in the Regular Army and
entered active duty on 25 July 1979.  He was initially trained in, was
awarded and served in military occupational specialty (MOS) 11B
(Infantryman) and was later awarded MOS 11C (Indirect Fire Infantryman).

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows he
attained the rank of sergeant (SGT) on 19 June 1981, and that this is the
highest rank he held while serving on active duty.

5.  Item 9 (Awards, Decorations and Campaigns) of the applicant’s DA Form 2-
1 shows that during his active duty tenure, he earned the Army Good Conduct
Medal (AGCM), Senior Parachutist Badge, Expert Infantryman Badge (EIB),
Noncommissioned Officer Professional Development Ribbon (NCOPDR)-Numeral 2,
Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), Expert
Qualification Badge with Rifle, Mortar and Automatic Rifle Bars, and
Marksman Qualification Badge with Hand Grenade Bar.

6.  The Commendatory and Disciplinary portion of the applicant’s Official
Military Personnel File (OMPF) microfiche contains a copy of Headquarters,
9th Infantry Division Permanent Orders Number 184-4, dated 22 September
1981.  These orders awarded the applicant the ARCOM, for meritorious
service from
11 February 1980 through 10 August 1981.

7.  On 24 July 1983, the applicant was honorably separated, by reason of
expiration of term of service, after completing a total of 4 years of
active military service.  The DD Form 214 issued to him at the time shows
he earned the following awards during his active duty tenure:  AGCM, NCOPDR
(Numeral 2), ASR, OSR, Parachutist Badge, Rifle M-16 Expert Qualification
Badge, EIB, Senior Parachutist Badge, and Mortar 90MM Expert Qualification
Badge.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Paragraph 8-44 contains guidance on United States Army
Marksmanship Qualification Badges.  It states that 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 or she qualified.  Each bar will be attached to the basic badge which
indicates the qualification last attained with the respective weapon.
Basic qualification badges are of three classes. Expert, sharpshooter,
and marksman.

9.  Table 8-2 of the awards regulation identifies weapons for which
component bars with the marksmanship qualification badge.  The component
bars authorized are as follows:  Rifle, Pistol, Antiaircraft Artillery,
Automatic Rifle, Machinegun, Field Artillery, Tank Weapons, Flamethrower,
Submachine Gun, Rocket Launcher, Grenade, Carbine, Recoilless Rifle,
Mortar, Bayonet,
Small Bore Rifle, Small Bore Pistol, Missile, and Aeroweapons.

10.  Field Manuel 23-11, dated 28 April 1970, identifies the M87 as the
90MM Recoilless Rifle.  This weapon is defined as a lightweight, air-
cooled, single shot, breech loaded weapon that could be fired from the
ground or from the shoulder.

DISCUSSION AND CONCLUSIONS:

The applicant’s OMPF contains a copy of orders awarding him the ARCOM, for
meritorious service during the period 11 February 1980 through 10 August
1981. Further, his record confirms he qualified Expert with an M-16 rifle,
mortars and the 90mm recoilless rifle.  Thus, his record and separation
document should show he received the Expert Qualification Badge with Rifle,
Mortar and Recoilless Rifle Bars.

BOARD VOTE:

___JTM _  ___RJW _  ___JKR_  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 amending his DD Form 214 by adding the
Army Commendation Medal and by deleting the entries related to Expert
Qualification Badges and replacing them with the entry “Expert
Qualification Badge with Rifle, Mortar and Recoilless Rifle Bars”; and by
providing him a corrected separation document that includes these changes.





            ____Raymond J. Wagner____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004000653                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/03/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1983/07/24                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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