IN THE CASE OF:
BOARD DATE: 24 September 2008
DOCKET NUMBER: AR20080008533
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 he be awarded the Marksmanship Qualification Badge with Rifle Bar and that he be provided a corrected copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that he lost all of his medals and citations in a fire and would like them replaced.
3. The applicant provides a copy of his DD Form 214 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 record shows he enlisted in the Regular Army on
6 July 1966. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 35K (Field Wireman). The highest rank he attained while serving on active duty was Sergeant (E-5).
3. The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 15 December 1966 through
14 December 1967. He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 27th Infantry Regiment.
4. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure: the National Defense Service Medal (NDSM), the RVN Service Medal (VSM), the RVN Campaign Medal, two Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. On 3 July 1969, the applicant was honorably released from active duty after completing a total of 2 years, 11 months, and 29 days of active military service.
6. Special Orders Number 151, issued by Headquarters, 6th Battalion, 82nd Artillery Fort Bragg, North Carolina, dated 29 August 1968 show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar
(M-14).
7. 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.
8. A review of the applicants record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
9. 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 the unit to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by Department of the Army General Orders Number 48, dated 1971.
10. Department of the Army Pamphlet 672-3 also shows that at the time of the applicants assignment to the 2nd Battalion, 27th Infantry Regiment, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 January 1966 to 21 January 1970, by Department of the Army General Orders Number 51, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he is entitled to correction of his records to show award of Marksmanship Qualification Badge with Rifle Bar was carefully considered and found to have merit.
2. Special Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his separation document. Therefore, he is entitled to correction of his records to show this award.
3. General Orders show the 2nd Battalion, 27th Infantry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his separation document. Therefore, he is entitled to correction of his records to show this award.
4. General Orders show that the 2nd Battalion, 27th Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation which is not shown on his separation document. Therefore, he is entitled to correction of his records to show this award.
5. The applicant may contact the National Personnel Records Center, Military Personnel Records, 9700 Page Avenue, St. Louis, MO 63132-5100 for replacement of the awards that are listed on his DD Form 214.
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 award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and by providing the applicant a document to show these corrections.
_ ____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) AR20080008533
2
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