RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 May 2007
	DOCKET NUMBER:  AR20060013917 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. Jerome Pionk

Member

Mr. Eddie Smoot

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 items 5a (Grade, Rate or Rank) and 5b (Pay Grade) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show specialist five/pay grade E-5 instead of specialist four/pay grade E-4; that item 23a (Specialty Number & Title) be corrected to show military occupational specialty (MOS) 52B20 (carpenter) instead of MOS 51D20 (mason); and that he be awarded the Expert Marksmanship Qualification Badge with Rifle Bars (M-16 and M-14) and the marksmanship badges for the M-60 and rocket launcher. 

2.  The applicant states that in February 1968 his MOS was changed to 52B20, that he took the E-5 test, and that they took the top three and he was one of them.  He states that he qualified expert on the M-16 and M-14 rifles and that he also qualified on the M-60 and 3.5 rocket launcher.  In a letter, dated 27 August 2006, the applicant acknowledges that he received the 1 June 2006 letter from the Review Boards Agency in St. Louis, Missouri wherein he was awarded the Good Conduct Medal, the Meritorious Unit Commendation, the Vietnam Service Medal with one bronze service star, and the Sharpshooter Badge with Rifle Bar.  However, he wants to know what happened to the National Defense Service Medal.  

3.  The applicant provides a 1 June 2006 letter from the Review Board Agency in St. Louis, Missouri. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
8 April 1968.  The application submitted in this case is undated; however, the application was received in this office on 3 October 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 was inducted on 25 May 1966.  He was awarded MOS 51D effective 17 November 1966 and promoted to the temporary rank of specialist four/pay grade E-4 effective 16 June 1967.  He served as a mason in Vietnam from 1 September 1967 to 7 March 1968.  On 8 April 1968, the applicant  was released from active duty in the temporary rank of specialist four/pay grade E-4.

4.  Item 5a on the applicant’s DD Form 214 shows the entry, “SP4 (T)” [specialist four (temporary)].  Item 5b shows the entry, “E4.”  Item 23a on his DD Form 214 shows the entry, “51D20 MASON.”  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device 1960 as authorized awards.

5.  There are no orders which show the applicant was awarded MOS 52D.

6.  There are no orders which show the applicant was promoted to specialist five/pay grade E-5 prior to his discharge. 

7.  Headquarters, 36th Engineer Battalion Special Orders Number 20, dated 
27 February 1967, show the applicant qualified expert on the M-14 rifle.

8.  There are no orders for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) or for marksmanship badges for the M-60 or rocket launcher in the applicant’s service personnel records.

9.  A DD Form 215 (Correction to DD Form 214), prepared on 1 June 2006, amended the applicant’s DD Form 214 to add the Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Meritorious Unit Commendation, and the Sharpshooter Qualification Badge with Rifle Bar.  It is noted that the applicant’s National Defense Service Medal is still shown on his DD Form 214.       

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was promoted to specialist five/pay grade E-5 prior to his discharge.  Therefore, there is insufficient evidence on which to amend items 5a and 5b on his DD Form 214.

2.  There is no evidence of record which shows the applicant was awarded MOS 52B20.  Therefore, there is insufficient evidence on which to amend item 23a on his DD Form 214.

3.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  There are no orders for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) or for marksmanship badges for the M-60 or the rocket launcher in the applicant’s service personnel records.  Therefore, there is insufficient evidence on which to award these marksmanship qualification badges.

5.  Records show the applicant should have discovered the alleged errors now under consideration on 8 April 1968; therefore, the time for the applicant to file a request for correction of any error expired on 7 April 1971.  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 

LS_____  _JP_____  _ES____  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 amending his DD Form 214 to add the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

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 amending items 5a, 5b, and 23a on his DD Form 214 or award of the Expert Marksmanship Qualification 

Badge with Rifle Bar (M-16) or marksmanship badges for the M-60 and rocket launcher.


___Linda Simmons______
          CHAIRPERSON




INDEX

CASE ID
AR20060013917
SUFFIX

RECON

DATE BOARDED
20070508
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
129.0000
2.
100.0500
3.
107.0108
4.

5.

6.