RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 November 2006
      DOCKET NUMBER:  AR20060007578


      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. James Gunlicks                |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Edward Montgomery             |     |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 award of the Expert Marksmanship Qualification
Badge with Rifle Bar (M-16).

2.  The applicant states that he fired expert with the M-16 rifle at Fort
Rucker, Alabama in the spring of 1969 and he deserves this marksmanship
badge.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 June 1971.  The application submitted in this case is dated 5 March 2001;
however, the application was received in this office on 29 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 on 9 August 1968 for a period of 3 years.  He
arrived in Vietnam on 25 May 1969.  He served as an air traffic control
operator assigned to the 320th Aviation Detachment in Vietnam from 27 May
1969 through 24 May 1970.  On 1 June 1971, the applicant was released from
active duty.

4.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with Device 1960, the Army Commendation Medal, the
Good Conduct Medal, two awards of the Overseas Service Bar, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) as
authorized awards.

5.  There are no orders for the Expert Marksmanship Qualification Badge
with Rifle Bar (M-16) in the available records.  However, item 29
(Qualification in Arms) on the applicant's DA Form 20 (Enlisted
Qualification Record) shows he qualified as expert with the M-16 rifle on
11 April 1969.

6.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 6, dated 1974.

8.  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.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 28 on the applicant's DA Form 20 is accepted as
sufficient evidence on which to base award of the Expert Marksmanship
Qualification Badge with Rifle Bar (M-16) and amend his DD Form 214 to show
this marksmanship qualification badge.

2.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

3.  The applicant's unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 1 June 1971; therefore, the time for the applicant
to file a request for correction of any error expired on 31 May 1974.  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:

JG______  __SF____  _EM_____  GRANT FULL 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:

      a.  awarding him the Expert Marksmanship Qualification Badge with
Rifle Bar (M-16); and

      b.  amending his DD Form 214 to add the Expert Marksmanship
Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal with
four bronze service stars, and the Republic of Vietnam Gallantry Cross with
Palm Unit Citation.


                                  ___James Gunlicks_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007578                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061102                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0108                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]