IN THE CASE OF:	  

	BOARD DATE:	  5 August 2008

	DOCKET NUMBER:  AR20080002399 


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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of his marksmanship qualification badges.

2.  The applicant states, in effect, that he wants his record to be correct.  

3.  The applicant provides a copy of his DD Form 214.

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.  On 4 January 1968, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).            
3.  Special Orders Number 52, Headquarters, United States Army Training Center, Fort Bragg, North Carolina, dated 21 February 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.

4.  Special Orders Number 63, Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, South Carolina, dated 18 April 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar.

5.  On 9 August 1968, the applicant was assigned for duty as a rifleman with the 2nd Battalion, 506th Infantry Brigade, in the Republic of Vietnam.  He was medically evacuated from the theater on or about 30 September 1968.

6.  On 10 January 1969, the applicant was assigned for duty as a rifleman with the 2nd Battalion, 325th Infantry Regiment, 82nd Airborne Division, Fort Bragg, North Carolina.   

7.  Special Orders Number 103, Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, dated 28 April 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar.

8.  On 14 January 1971, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4, and had completed 
3 years of creditable active duty and had accrued 11 days lost time.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Purple Heart, Bronze Star Medal with “V” Device, Army Good Conduct Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Parachutist Badge.  It does not show any marksmanship qualification badges.  

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase V campaign period.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  



12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 506th Infantry Brigade, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 38, dated 1971, for award of the Presidential Unit Citation; in DAGO Number 22, dated 1976, for award of the Meritorious Unit Commendation; and in DAGO Number 43, dated 1970, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation and the Meritorious Unit Commendation.  Therefore, his records should be corrected to show these unit awards.

2.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

3.  Records show that the applicant participated in one campaign period during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a bronze service star to be affixed to his already awarded Vietnam Service Medal.

4.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this award.

5.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.  Therefore, his records should be corrected to show this award.

6.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar.  Therefore, his records should be corrected to show this award.

7.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar.  Therefore, his records should be corrected to show this award.

BOARD VOTE:

___X____  ___X____  ___X___  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 that, in addition to the awards shown on his DD Form 214, his authorized awards include the Presidential Unit Citation, Meritorious Unit Commendation, one bronze service star to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Machinegun Bar.



__________ _   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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080002399


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