IN THE CASE OF:
BOARD DATE: 19 MARCH 2009
DOCKET NUMBER: AR20080017618
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Good Conduct Medal (GCMDL), the Army Commendation Medal (ARCOM), and the Expert Marksmanship Badge with Rifle Bar (M-16).
2. The applicant states that he was awarded the GCMDL, the ARCOM, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); however, those awards were omitted from his DD Form 214 at the time of his release from active duty (REFRAD).
3. The applicant provides a copy of his DD Form 214 and copies of orders awarding him the GCMDL and the ARCOM.
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 in the Regular Army in Chicago, Illinois on 24 April 1968 for a period of 2 years. He completed his basic training at Fort Leonard Wood, Missouri and was transferred to Fort Riley for his first and only duty assignment. He was initially awarded military occupational specialty (MOS) 84G (photographic laboratory specialist) in October 1968 and in January 1969, he was awarded the primary MOS 71M (chaplain's assistant). He was promoted to the pay grade of E-5 on 20 August 1969.
3. On 10 April 1970, General Orders Number 42, published by Headquarters, Fort Riley, KS, awarded him the ARCOM for meritorious service during the period from 4 November 1968 to 23 April 1970.
4. On 20 April 1970, General Orders Number 16, published by Headquarters, U. S. Army Garrison, Fort Riley, awarded him the GCMDL for exemplary behavior, efficiency and fidelity during the period from 24 April 1968 to 23 April 1970.
5. On 23 April 1970, the applicant was honorably REFRAD due to the expiration of his term of service (ETS). He had served 2 years of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
6. A review of the applicant's records failed to show any evidence that he had qualified with the M-16 Rifle. The only weapons qualification orders contained in his records are for the M-14 Rifle (Sharpshooter).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to reflect his awards of the GCMDL and the ARCOM have been noted and found to have merit. The applicant was awarded those awards through competent orders and is entitled to have them entered into his records at this time.
2. The applicant's contention that he qualified with and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) has been noted and appears to lack merit. The applicant's records are void of any evidence to show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar
(M-16) or that he ever qualified with that weapon. Therefore in the absence of such evidence, there appears to be no basis to grant that portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X_____ __X______ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the GCMDL and the ARCOM.
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 adding the award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) to his records.
________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) AR20080017618
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080017618
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019881
The applicant requests correction of his records to reflect his awards of the Army Commendation Medal (ARCOM) and the Bronze Star Medal (BSM) with "V" Device. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal (VSM),...
ARMY | BCMR | CY2014 | 20140004151
General Orders Number 1490, Headquarters, 3rd Brigade, 82nd Airborne Division, dated 11 September 1969, announced the applicants award of the ARCOM for meritorious achievement during the period 31 March through 31 August 1969. b. This publication shows that the 2nd Battalion, 321st Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 43, dated in 1970 for award of the RVN Gallantry Cross with Palm Unit Citation. As a...
ARMY | BCMR | CY2014 | 20140014180
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 August 1970 to show: * his authorized awards as * four bronze service stars with his already-awarded Vietnam Service Medal (VSM) * three Meritorious Unit Commendations (MUC) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * Explosive Ordnance Disposal (EOD) Basic Badge * RVN EOD Badge * Sharpshooter Marksmanship Qualification...
ARMY | BCMR | CY2014 | 20140005015
IN THE CASE OF: BOARD DATE: 12 November 2014 DOCKET NUMBER: AR20140005015 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows: a. GOs awarded the applicant the * PH * ARCOM (2nd OLC) b. the applicant qualified for award of the * NDSM * KDSM * RVNCM with Device (1960) c. the applicant also qualified for award of the VSM and he participated in three campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2014 | 20140012147
A review of the applicant's military personnel records failed to show any evidence that he was awarded or authorized the AM, ARCOM for meritorious service (or meritorious achievement), or the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar. The applicant's military personnel records fail to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). As a result, the Board...
ARMY | BCMR | CY2008 | 20080014154
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. 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...
ARMY | BCMR | CY2009 | 20090021186
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. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27...
ARMY | BCMR | CY2009 | 20090013984
IN THE CASE OF: BOARD DATE: 11 March 2010 DOCKET NUMBER: AR20090013984 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's service records and his DD Form 214 show award of the ARCOM for meritorious service; there is no evidence he was awarded an ARCOM for valor. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Driver and Mechanic Badge with Mechanic Bar, the Expert Marksmanship...
ARMY | BCMR | CY2006 | 20060005185C070205
The applicant requests, in effect, that his records be corrected to reflect awards of four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) Unit Citation, the Marksman Marksmanship Qualification Badge with Automatic Rifle and M-16 Rifle bars, the Presidential Unit Citation (PUC), the Valorous Unit Award (VUA) and any other awards and decorations to which he is entitled. On 2 May...
ARMY | BCMR | CY2011 | 20110014411
The evidence of record also shows the applicant earned three marksmanship badges that were not listed in item 24 of his DD Form 214. However, his unit was never cited for award of the MUC at any time during its service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal and b. adding to item 24 of his DD Form 214 the: * Vietnam Service Medal...