IN THE CASE OF:	 

	BOARD DATE:	
	DOCKET NUMBER:  AR20080001011 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle), be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.  The applicant also requests that his permanent rank and pay grade shown in Item 30 (Remarks), of his DD Form 214, be corrected to show the rank and pay grade Specialist Five, E-5.

2.  The applicant states, in effect, that he believes these items were overlooked and/or were the result of typographical error.

3.  The applicant provides a copy of an annotated copy of his DD Form 214 in support of his request.

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 applicant’s 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 applicant’s 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 he enlisted in the Regular Army on 2 February 1966.  He completed basic combat training at Fort Ord, California, and his advanced individual training at Fort Gordon, Georgia.  After completing all required training, he was awarded the military occupational specialty (MOS), 36C (Lineman).

3.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle], on 25 March 1966, by Special Orders Number 46, published by Headquarters, 1st Brigade (Basic Combat Training), Fort Ord.  The Sharpshooter Marksmanship Qualification Badge, with Rifle Bar, was entered erroneously on the applicant's DD Form 214 on his release from active duty.

4.  The applicant served in Vietnam from 8 September 1966 through 2 September 1967, with the 586th Signal Company, 41st Signal Battalion.

5.  Item 33 (Appointments and Reductions), of the applicant's DA Form 20, shows he was promoted to the temporary rank and pay grade Specialist Four, E-4, on 22 February 1967.  The applicant was promoted to the temporary rank and pay grade of Specialist Five, E-5, on 22 August 1968.  The applicant was promoted to the permanent rank and pay grade, Specialist Four, E-4, on 22 February 1968, at the completion of 12 months time in grade and 2 years time in service in the temporary rank and pay grade of Specialist Four.

6.  The applicant was honorably released from active duty, on 7 February 1969, under the provisions of Army Regulation 635-200, at the expiration of his term of service.  He was separated in the rank and pay grade of Specialist Five, E-5.  On the date he was released from active duty, he had completed 2 years, 11 months, and 29 days active military service, with 7 days time lost.

7.  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; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle); and two overseas service bars.  The Expert Marksmanship Qualification Badge, with Rifle Bar is not shown on the applicant's DD Form 214 as an authorized award.

8.  An entry in Item 41 (Awards and Decorations), of the DA Form 20, shows the applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar.

9.  The applicant's DD Form 214 shows his entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

10.  While in Vietnam, the applicant participated in the following two campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968.

11.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

12.  DA Pamphlet 672-3 shows the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is not shown on the applicant's DD Form 214.

13.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

14.  Army Regulation 600-200, Chapter 7, paragraph 7-21, in effect at the time of the applicant's service shows the temporary appointment of Regular Army enlisted personnel in grade in which serving will automatically become permanent on the date of completion of time in grade and time in service as scheduled in Table 7-1, of the same regulation.  For appointment to pay grade E-4, the time in pay grade requirement was 12 months and the time in service was 2 years.  For appointment to pay grade E-5, the time in pay grade requirement was 12 months and time in service was 4 years.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant earned the Expert Marksmanship Qualification Badge, Rifle Bar.  At the time of his release from active duty, the applicant was only credited with having earned the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  The applicant is entitled to correction of his DD Form 214 to show the correct marksmanship badge for which he qualified.

2.  The applicant participated in two campaigns while he served in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal to show his campaign participation credit and is entitled to have these stars shown on his separation document.

3.  The applicant served in a unit subordinate to the US Army, Vietnam, which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  He is entitled to this unit award and to have it added to his DD Form 214.

4.  The evidence of record shows that at the time of his release from active duty, the applicant was serving in the temporary rank and pay grade, Specialist Five, E-5, and in the permanent rank and pay grade, Specialist Four, E-4.  The evidence shows he had only had 5 months and 16 days time in grade in the rank and pay grade, Specialist Five, and 2 years, 11 months, and 29 days time in service.  On the date of his release from active duty, he was not qualified, by time in service and time in grade, for promotion to the permanent rank and pay grade of Specialist Five, E-5.  The record is correct as it was prepared on the date of his release from active duty and is not in need of correction.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar, from the applicant's DD Form 214; 

	b.  adding the already-awarded Expert Marksmanship Qualification Badge, with Rifle Bar, to the applicant's DD Form 214;

      c.  awarding the applicant two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, to denote his participation in two campaigns while he served in Vietnam, and to be shown on his DD Form 214 as the Vietnam Service Medal, with two bronze service stars; and
      
      d.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding this unit award to his DD Form 214.

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 correction of the applicant's permanent rank and pay grade as recorded in Item 30 (Remarks) of his DD Form 214, to reflect the rank and pay grade, Specialist Five, E-5.




       _    __x_____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080001011



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ABCMR Record of Proceedings (cont)                                         AR20080001011



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