RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 February 2008
DOCKET NUMBER: AR20070016191
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. Richard T. Dunbar
Chairperson
Ms. Marla J. N. Troup
Member
Mr. David R. Gallagher
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 Pistol Bar.
2. The applicant states that the award was left off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 6 March 1972, due to an administrative oversight.
3. The applicant provides a copy of his DD Form 214, dated 6 March 1972; DD Form 215 (Correction to the DD Form 214), dated 27 March 2007, and DA Form 20 (Enlisted Qualification Record), dated 20 December 1971, in support of his application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show that he enlisted in the Regular Army on 7 July 1969 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). However, he was subsequently reclassified and served his entire military service in MOS 71H (Personnel Management Specialist). The highest rank he attained during this period of enlistment was specialist four/pay grade E-4. The applicant's records also show that he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 6 March 1972.
3. The applicants records further show that he served in the Republic of Vietnam during the period 11 December 1971 to 5 March 1972. He was assigned to Headquarters and Headquarters Company, 1st Signal Brigade.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal and the Vietnam Campaign Medal with two stars. Item 24 does not show award of the Expert Marksmanship Qualification Badge with Pistol Bar.
5. The applicant was issued a DD Form 215 on 27 March 2007 correcting his DD Form 214 to show award of the Parachutist Badge, the Republic of Vietnam Campaign Medal with 1960 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Machinegun Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar.
6. The applicant's records do not contain Special Orders awarding the applicant the Expert Marksmanship Qualification Badge with Pistol Bar.
7. Item 29 (Qualification in Arms) of the applicants DA Form 20 shows that he qualified expert with the M1911A1 Pistol on 8 February 1972.
8. Army Regulation 600-8-22 (Military Awards) sets forth the 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. Chapter 8 of the current version of the regulation states, in pertinent part, that Permanent Orders are not required for award of the Marksmanship badges. Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form.
DISCUSSION AND CONCLUSIONS:
The applicants record shows that he successfully qualified Expert with the M1911A1 Pistol as evidenced by the entry in Item 29 of his DA Form 20. Despite the absence of Special Orders in his records, there is sufficient evidence to award him the Expert Marksmanship Qualification Badge with Pistol Bar. Therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:
__rtd___ __mjnt__ __drg___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Expert Marksmanship Qualification Badge with Pistol Bar.
Richard T. Dunbar
______________________
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070018182
Evidence of record shows the applicant was awarded the Vietnam Service Medal. Evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of two Overseas Service Bars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Legion of Merit, the Presidential Unit Citation, two Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge with Pistol...
ARMY | BCMR | CY2005 | 20050001253C070206
The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he was awarded the National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal, and Expert Qualification Badge with Rifle Bar. His DA Form 20 does not show an entry in Item 40...
ARMY | BCMR | CY2005 | 20050001253C070206
The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he was awarded the National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal, and Expert Qualification Badge with Rifle Bar. Therefore, he is entitled to correction of his records...
ARMY | BCMR | CY2007 | 20070015425
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Army Good Conduct Medal. Therefore, his records should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, three bronze service...
ARMY | BCMR | CY2007 | 20070013860
The applicant requests, that his records be corrected to show the awards of the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and all decorations awarded to his unit while in the Republic of Vietnam. The applicant requests his record be corrected to show award of the Republic of Vietnam Campaign Medal. The applicant's record shows that he was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2007 | 20070016019
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his awards of the Purple Heart and Air Medal. Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with "1960-" Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form...
ARMY | BCMR | CY2004 | 20040011560C070208
U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units. Records show that the applicant served in four campaigns in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart, the Distinguished Flying Cross, the Air Medal with numeral "39" and "V" device, the Vietnam Service...
ARMY | BCMR | CY2006 | 20060007298C070205
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). 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...
ARMY | BCMR | CY2004 | 20040011055C070208
The applicant requests correction of Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: the Good Conduct Medal; the Vietnam Campaign Medal; the Vietnam Service Medal with two bronze service stars; the Republic of Vietnam Gallantry Cross Unit Citation with Palm; the Presidential Unit Citation; the Meritorious...
ARMY | BCMR | CY2006 | 20060013076
The applicant requests, in effect, correction of his Report of Separation from Active Duty (DD Form 214) to show his seven awards of the Army Good Conduct Medal and to remove the duplicate award of the National Defense Service Medal. Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records...