RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060015089


      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      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to add the expert
marksmanship qualification badges for the M-16 rifle, the M-60 machine gun,
the 40mm grenade launcher, the .45 caliber automatic pistol, and to add any
other medals or awards for which he is eligible.

2.  The applicant states he qualified for the above badges while in
Vietnam.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on      15 July 1968.  The application submitted in this case is dated 16
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 into the Army on 25 July 1966.  He completed
basic combat training and apparently on-the-job training and was initially
awarded military occupational specialty 56D (Subsistence Storage
Specialist).

4.  Headquarters, 1st Training Brigade, Fort Jackson, SC Special Orders
Number 194 dated 8 September 1966 awarded the applicant the Expert
Marksmanship Qualification Badge with Rifle bar for the M-14.  Items 29
(Qualification in Arms) and 41 (Awards and Decorations) of his DA Form 20
(Enlisted Qualification Record) show only this marksmanship qualification
badge.  There are no other orders awarding any other marksmanship
qualification badge in his records.

5.  The applicant arrived in Vietnam and was assigned to the 58th
Transportation Company on 25 July 1967.

6.  Headquarters, U. S. Army Support Command, Qui Nhon Special Orders
Number 166 dated 14 June 1968 awarded the applicant the 1-Year Safe Driver
Badge.
7.  The applicant departed Vietnam on 11 July 1968 and was credited with
participation in four campaigns.

8.  The applicant was honorably released from active duty, in pay grade E-
5, on 15 July 1968 after completing 1 year, 11 months, and 21 days of
creditable active service with no lost time.  His DD Form 214 shows he was
awarded the National Defense Service Medal, the Expert Marksmanship
Qualification Badge M-14, the Republic of Vietnam Campaign Medal, the
Vietnam Service Medal, two overseas service bars, and the Driver Badge.

9.  There is no derogatory information in the applicant’s records and he
received “excellent” conduct and efficiency ratings throughout his service.

10.  Army Regulation 600-8-22, 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.

11.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal including the Vietnam Service Medal.

12.  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 that, at the time of the
applicant's assignment to the 58th Transportation Company, it was cited for
award of the Meritorious Unit Commendation for the period 2 September 1967
through 31 March 1968 by Department of the Army General Orders Number 31,
dated 1969.

13.  Department of the Army General Orders Number 8, dated 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated 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.  There is no evidence of record and the applicant provides none to show
he was awarded any marksmanship qualification badge other than the Expert
Marksmanship Qualification Badge with Rifle bar for the M-14.

2.  Orders show the applicant was awarded the 1-Year Safe Driver Badge.
This badge should be added to his DD Form 214.

3.  The applicant was assigned to a unit in Vietnam during a period of time
that unit was awarded the Meritorious Unit Commendation.  Later, all units
in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm
Unit Citation.  Therefore, these unit awards should be added to his DD Form
214.

4.  The applicant was credited with participation in four campaigns.
Therefore, he is eligible to wear four bronze service stars on his Vietnam
Service Medal.

5.  The applicant has no derogatory information in his records and he
received “excellent” conduct and efficiency ratings throughout his service.
 It appears he met the eligibility requirements for award of the Army Good
Conduct Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 July 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         14 July 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

__wdp___  __wfc___  __ded___  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 25 July
1966 through 15 July 1968; and

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, 1-
Year Safe Driver Badge, the Meritorious Unit Commendation, and the Republic
of Vietnam Gallantry Cross with Palm Unit Citation and to show he is
eligible to wear four bronze service stars on his already-awarded Vietnam
Service Medal.

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 was awarded expert marksmanship qualification badges for the M-
16 rifle, the M-60 machine gun, the 40mm grenade launcher, or the .45
caliber automatic pistol.




                                _William D. Powers__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015089                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070426                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0108                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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