IN THE CASE OF:	  

		BOARD DATE:	       23 October 2008

		DOCKET NUMBER:  AR20080009304 


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 award of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and correction of his records to show his meritorious service award. 

2.  The applicant states that at the end of his advanced individual training at Fort Ord, California, he qualified expert with the M-60 Machinegun.  He also adds that he was presented with a meritorious service award on 11 December 1968 for work on Project COUNTER during his service in the Republic of Vietnam.

3.  The applicant provided copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 11 March 1969, and a copy of his Certificate of Achievement, dated 11 December 1968, 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 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 was inducted into the Army of the United States on 11 May 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76Y (Supply Specialist).  He was honorably separated and transferred to the U.S. Army Reserve Control Group on 11 May 1969.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5. 

3.  The applicant’s records show he served in the Republic of Vietnam from 10 May 1968 to 3 May 1969.  He was assigned to the 563rd Transportation Company. 

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and two Overseas Service Bars.  Item 24 does not show award of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

5.  Item 14 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 14 does not show award of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

6.  The applicant’s records do not contain Special Orders awarding him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

7.  The applicant submitted a copy of a Certificate of Achievement, dated 11 December 1968, that was presented to him for meritorious service with Project COUNT[ER] in support of Free World Military Forces Operations in the Republic of Vietnam during the period 1 September 1968 to 9 December 1968.  Early in 1967 a group of supply assistance personnel from the U.S. Army Materiel Command went to Vietnam on temporary duty, under the code name Project COUNTER.  These people provided formal instruction in supply 

procedures and assisted in-county personnel in performing location surveys, conducting inventories, identifying and classifying materiel, reviewing and improving prescribed load lists and authorized stockage lists, and generally assisted in supply management activities.  In all, a total of four Project COUNTER teams were provided during 1967-1968 and proved to be extremely helpful in upgrading the technical competence of supply personnel in Vietnam.

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 no longer 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:

1.  With respect to the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), there is no evidence in the available records and the applicant did not provide any substantiating evidence that shows he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar  (M-60).  Therefore, there is insufficient evidence to grant the applicant the requested relief.

2.  With respect to the applicant’s Certificate of Achievement, commanders may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a Certificate of Achievement of local design.  Although copies of Certificates of Achievement or memoranda of record stating that a Certificate of Achievement has been awarded will be filed in the Official Military Personnel File (OMPF), there is no distinguishing device authorized for wear to indicate the receipt of a Certificate of Achievement and there is no provision to list a Certificate of Achievement on the DD Form 214.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X_____  __X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



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      _______ _   _______   ___
               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)                                         AR20080009304



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ABCMR Record of Proceedings (cont)                                         AR20080009304



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