RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060007298


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Larry Racster                 |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show he qualified as
Expert with the M-16 rifle, the M-60 machine gun, the 4.2 mortar, and the
recoilless rifle. He also requests award of the Army Good Conduct Medal and
unspecified Vietnam unit awards.

2.  The applicant states, in effect, that his DD Form 214 should be
corrected to show all the awards to which he is qualified.

3.  The applicant provides a copy of his DD Form 214; his reassignment
orders from Vietnam; his letter orders reassigning him permanent duty
station; his orders releasing him from active duty; his Honorable Discharge
Certificate; and his orders discharging him from the U.S. Army Reserve.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 30 July 1965.  The application submitted in this case is dated 12 May
2006.

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 limitations 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 enlisted in the Regular Army on 30 July 1962 for a period
of three years.  He completed basic training at Fort Ord, California.

4.  Headquarters, 1st Brigade (Training), Fort Ord, California, Special
Orders Number 165, dated 10 September 1962, awarded the applicant the
Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  This badge
is listed on his DD Form 214.

5.  The applicant was assigned to Company D, 1st Brigade, Fort Ord,
California on 5 October 1962, for advanced individual training in military
occupational specialty (MOS) 112.00 (Heavy Weapons Infantryman).

6.  Headquarters, 1st Brigade (Training), Fort Ord, California, Special
Orders Number 196, dated 25 October 1962, awarded the applicant the First
Class Gunner Marksmanship Qualification Badge with Mortar Bar (4.2).

7.  Headquarters, 1st Brigade (Training), Fort Ord, California, Special
Orders Number 201, dated 1 November 1962, awarded the applicant the Expert
Marksmanship Qualification Badge with Mortar Bar (81 millimeter).  This
badge is listed on his DD Form 214.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not
indicate he qualified as Expert with the M-16 rifle, the M-60 machine gun,
or the recoilless rifle in Block 28 (Qualification in Arms).

9.  Headquarters, 101st Airborne Division and Fort Campbell, Kentucky,
Special Orders Number 196, dated 7 August 1963, awarded the applicant MOS
141.17 (Light Field Artillery Crewman) and withdrew MOS 112.07.

10.  He was promoted to the temporary rank of specialist four on 27
November 1963.

11.  Headquarters, 101st Airborne Division and Fort Campbell, Kentucky,
Special Orders Number 2, dated 3 January 1964, awarded the applicant the
Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

12.  His DA Form 24 (Service Record) shows he arrived in Okinawa, Japan on
10 May 1964.

13.  He was promoted to the permanent rank of specialist four on 27
November 1964.

14.  He departed Okinawa and was assigned to Vietnam on 5 May 1965 with
Battery A, 3rd Battalion, 319th Artillery.

15.  The applicant departed Vietnam on 24 July 1965 and was released from
active duty on 30 July 1965 in the rank of specialist four.  He completed 3
years and 1 day of active military service with no days of lost time.  His
Service Record shows he received conduct and efficiency ratings of
"excellent" throughout his service.

16.  His DD Form 214 shows he was awarded the Marksman Marksmanship
Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification
Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with
Mortar Bar, the Armed Forces Expeditionary Medal, and the Parachutist
Badge.
17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the 3rd Battalion, 319th Artillery, this unit was cited for
award of the Meritorious Unit Commendation by Department of the Army
General Orders Number 48, dated 1968.

18.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 3rd Battalion, 319th Artillery, this unit
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation by Department of the Army General Orders Number 43, dated
1972.

19.  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.

20.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the First Class Gunner
Marksmanship Qualification Badge with Mortar Bar (4.2).  However, this
badge is not shown on his DD Form 214.  Therefore, it would be appropriate
to correct his DD Form 214 to show the First Class Gunner Marksmanship
Qualification Badge with Mortar Bar (4.2).

2.  There is no evidence of record which shows the applicant qualified as
Expert with the M-16 rifle, the M-60 machine gun, or the recoilless rifle.
Therefore, there is insufficient evidence to base correction of his DD Form
214 to show the Expert Marksmanship Qualification Badge for qualification
with the M-16 rifle, the M-60 machine gun, or the recoilless rifle.




3.  The applicant has met the regulatory requirements for award of the Army
Good Conduct Medal for a qualifying period from 30 July 1962 through
29 July 1965.

4.  The applicant was assigned to a unit during a period it was cited for
award of the Meritorious Unit Commendation and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be
added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 July 1962; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 29 July 1965.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

RD______  DD______  LR______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  awarding him the Army Good Conduct Medal for the period 30 July
1962 through 29 July 1965; and

      b.  showing he was awarded the Army Good Conduct Medal, the First
Class Gunner Marksmanship Qualification Badge with Mortar Bar (4.2), the
Meritorious Unit Commendation, and the Republic of Vietnam 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 qualified as Expert with the M-16 rifle, the M-60 machine gun,
and the recoilless rifle.




                            Richard Dunbar________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060007298                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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