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ARMY | BCMR | CY2008 | 20080016992
Original file (20080016992.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	       16 DECEMBER 2008

		DOCKET NUMBER:  AR20080016992 


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 reconsideration of his previous request that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Presidential Unit Citation and the Expert Marksmanship Qualification Badge with Mortar Bar.

2.  The applicant states that the Presidential Unit Citation was given to him when he returned to Fort Lewis, Washington and was given his dress uniform to wear home.  He states that he was never provided any paperwork for the Presidential Unit Citation.  He states that he was given the Expert Marksmanship Qualification Badge with Mortar Bar when he was at Fort McClellan, Anniston, Alabama during advanced individual training.  He states that he took the test and he qualified as an expert.  He states that he was also given a small plaque showing that he qualified as an expert and that he has the badge.

3.  The applicant provides no additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070013296 on 10 April 2008.


2.  The applicant was inducted into the Army on 26 February 1969 and he successfully completed his training as an infantry indirect fire crewman.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that on 19 June 1969, he was qualified with a score of 200 for the Expert Marksmanship Qualification Badge with Mortar Bar.  

4.  The applicant was transferred to Vietnam on 2 August 1969 and he was assigned to Headquarters and Headquarters Company, 1st Battalion, 77th Armor Regiment, 1st Brigade, 5th Infantry Division (Mechanized).

5.  On 25 September 1970, the applicant returned to the Continental United States.  He was honorably released from active duty (REFRAD) on 29 September 1970 under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

6.  The DD Form 214 that he was furnished at the time of his REFRAD shows he was awarded the National Defense Service, the Sharpshooter Marksmanship Qualification Badge, the Vietnam Campaign Medal, the Vietnam Service Medal and two Overseas Service Bars.

7.  On 18 September 2007, the applicant petitioned the ABCMR for correction of his DD Form 214 to show that he was awarded the Bronze Star Medal, the Army Commendation Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, and the Expert Marksmanship Qualification Badge with Mortar Bar.

8.  On 10 April 2008 the ABCMR amended the applicant's DD Form 214 to delete the Vietnam Service Medal and to include the Bronze Star Medal, the Army Commendation Medal, the Combat Infantryman Badge, the Vietnam Service Medal with four bronze service stars, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  However, the ABCMR denied that portion of his request pertaining to amending his DD Form 214 to include the Presidential Unit Citation and the Expert Marksmanship Qualification Badge with Mortar Bar.






9.  Army Regulation 600-8-22 (Military Awards), 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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record that shows the applicant is entitled to the Presidential Unit Citation.  Therefore, this award cannot be included on his DD Form 214 until he can provide proof of his entitlement to this award.

2.  However, his DA Form 20 shows that on 19 June 1969, he qualified for award of the Expert Marksmanship Qualification Badge with Mortar Bar and his DD Form 214 should be amended to include this award.

3.  In view of the foregoing, it would be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  __X______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a partial amendment of the ABCMR’s decision in Docket Number AR20070013296, dated 10 April 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show that he was awarded the Expert Marksmanship Qualification Badge with Mortar Bar.




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 amending his DD Form 214 to show that he was awarded the Presidential Unit Citation.




      _______ _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)                                         AR20080016992



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ABCMR Record of Proceedings (cont)                                         AR20080016992



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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