IN THE CASE OF:
BOARD DATE: 28 OCTOBER 2008
DOCKET NUMBER: AR20080014154
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 that his awards of the Army Commendation Medal (ARCOM) and the Expert Marksmanship Badge with M-16 Rifle Bar be added to his DD Form 214.
2. The applicant states, in effect, that he recently ordered copies of his records and discovered that his award of the Expert Marksmanship Badge with M-16 Rifle bar issued to him at Fort Lewis and the ARCOM issued to him in April 1971 by the 1st Signal Brigade are not entered on his DD Form 214.
3. The applicant provides copies of hid DD Form 214, DD Form 215 and two pages from his DA Form 20 (Enlisted Qualification Record).
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 enlisted on 17 November 1969 for a period of 3 years. He completed his basic combat training at Fort Lewis, Washington and his advanced individual training (AIT) at Fort Benjamin Harrison, Indiana.
3. Upon completion of his AIT he was transferred to Vietnam on 26 June 1970 for assignment as a clerk typist with the 21st Signal Group, which was a subordinate unit of the 1st Signal Brigade.
4. He departed Vietnam on 25 May 1971 and was transferred to Germany. He remained in Germany until 21 November 1971, when he again departed for Vietnam. However, when he arrived at Fort Lewis, he was diverted to Fort Huachuca, where he remained until he was honorably released from active duty (REFRAD) on 21 August 1972. He had served 2 years, 9 months and 5 days of total active service.
5. His separation documents show that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Good Conduct Medal and the Sharpshooter Marksmanship Badge with rifle bar.
6. A review of the applicant's DA Form 20 shows that he was awarded the Expert Marksmanship Badge with M-16 Rifle bar on 20 January 1970 and that he was awarded the ARCOM under 1st Signal Brigade orders dated in April 1971. However, a review of his official records failed to show any orders for either of those awards.
7. Army Regulation 600-200, in effect at the time, served as the authority for making entries on the DA Form 20. It provided, in pertinent part, that upon receipt of orders, the custodian of the military personnel Records Jacket (MPRJ) would make the appropriate entries on the DA Form 20. Decorations and Awards were to be permanent entries and weapons qualification entries were to be pencil entries with only the recent qualification in each weapon being reflected.
DISCUSSION AND CONCLUSIONS:
1. Although there are no orders present in the applicant's records to support the entries for award of the ARCOM and the Expert Marksmanship Badge with M-16 rifle bar, it is reasonable to presume that at one time there were such orders present for the records custodian to use in making the entries that are recorded on his DA Form 20.
2. Accordingly, it would be in the interest of justice to correct his records to show that he was awarded the ARCOM and the Expert Marksmanship Badge with M-16 Rifle Bar.
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 he was awarded the ARCOM and the Expert Marksmanship Badge with M-16 Rifle Bar.
________XXX___________
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) AR20080014154
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ABCMR Record of Proceedings (cont) AR20080014154
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