IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090009282 


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 Bronze Star Medal, and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Expert Marksmanship Qualification Badge with M-14 Rifle Bar instead of the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar, and also the Sharpshooter Marksmanship Qualification Badge with M-1 Rifle Bar. 

2.  The applicant essentially contends that he should be awarded the Bronze Star Medal and that his DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with M-14 Rifle Bar or the Sharpshooter Marksmanship Qualification Badge with M-1 Rifle Bar.  

3.  The applicant provides his DD Form 214; a three-page privacy release form, dated 2 April 2009; a certificate of training, dated 6 August 1966, showing that he completed a forward observer school; a certificate awarding him the Purple Heart; a DA Form 8-274 (Medical Condition - Physical Profile Record), dated 
5 July 1967; a weapons receipt card for an M-1 Rifle that was issued to him in basic training; a Third Infantry Division newspaper article, dated 29 October 1965, regarding that division's 1965 Commanding General's marksmanship matches; photocopies of a trophy and his rank, unit patch, medals and Combat Infantryman Badge; and seven pages of copied photographs in support of this 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 military records show that he enlisted in the Regular Army on 21 September 1964.  After completing initial entry training, he departed for a tour in Germany on 8 June 1965.  He departed Germany on 30 August 1966 for the continental United States.  He then departed for the Republic of Vietnam on 
8 October 1966, and was assigned to Headquarters and Headquarters Company, 1st Battalion, 35th Infantry Regiment in military occupational specialty 11C (Infantry Indirect Fire Crewman).  He was wounded in action on or about 
13 June 1967, and was subsequently reassigned to the Medical Holding Company, 106th General Hospital in Japan.  He returned to the continental United States on or about 21 July 1967 and was honorably released from active duty on that date.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar, and the Purple Heart.

3.  The applicant's military records do not show that he was awarded the Bronze Star Medal.  There are no orders in his military records which awarded him the Bronze Star Medal, and a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to produce any orders awarding him any personal decorations.

4.  The only special orders in his military records regarding marksmanship badges are Headquarters, 4th Training Brigade, U.S. Army Training Center (Armor), Fort Knox, Kentucky Special Orders Number 176, dated 10 November 1964, which awarded him the Marksman Marksmanship Qualification Badge with M-1 Rifle Bar.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) also reflects that this is the only recorded marksmanship badge in his military records.  

5.  The applicant provided a photocopy of a trophy he states awarded him first place in a brigade rifle match in 1965.  He also provided a Third Infantry Division newspaper article regarding that division's 1965 Commanding General's marksmanship matches, which does not mention him by name, and seven pages of copied photographs, some taken in Germany and others taken in Vietnam.  The applicant stated that two of the Germany photographs are of him on a competition rifle team.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself or herself after 6 December 1941 by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command and announcement in orders is required.  

7.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

8.  A DA Form 638 (Recommendation for Award) must be submitted (a copy of which will be provided to the applicant).  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The request must be submitted through a Member of Congress to the Secretary of the Army at the following agency: U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

9.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, instructions for preparing the DD Form 214.  The version in effect at the time provided that for item 24, all decorations, service medals, campaign credits, and badges awarded or authorized from the DA Form 20 for enlisted Soldiers would be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Bronze Star Medal, and that his DD Form 214 should be corrected to show the award of the Expert Marksmanship Qualification Badge with M-14 Rifle Bar instead of the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar and also the Sharpshooter Marksmanship Qualification Badge with M-1 Rifle Bar. 

2.  The sincerity of the applicant's claim that he should be awarded the Bronze Star Medal is not questioned.  However, all awards of the Bronze Star Medal must be announced in official orders, which the applicant did not provide, and are not in his military records.  Regrettably, in view of the foregoing, there is insufficient basis for awarding the Bronze Star Medal to the applicant in this case.  
However, the applicant is advised that while the available evidence is insufficient for awarding the applicant him the Bronze Star Medal, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The applicant's contention that he qualified as an expert on the M-14 Rifle and as a sharpshooter on the M-1 Rifle was noted.  However, the evidence of record only shows that the applicant qualified as a marksman on the M-1 Rifle.  The fact that his DD Form 214 incorrectly reflects that he qualified as a marksman on the M-14 Rifle instead of the M-1 Rifle was also noted; however, as the component bars for the M-1 Rifle and the M-16 Rifle are the same, this error is minor at best.  

4.  The applicant may have participated in marksmanship competitions; however, without conclusive evidence that he qualified as an expert on the M-14 Rifle and as a sharpshooter on the M-1 Rifle on prescribed record courses in accordance with Army Regulation 370-5 (Qualifications and Familiarization) which was in effect at the time, there is insufficient basis for correcting his DD Form 214 to show the award of the Expert Marksmanship Qualification Badge with M-14 Rifle Bar or the Sharpshooter Marksmanship Qualification Badge with M-1 Rifle Bar.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ _   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)                                         AR20090009282



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ABCMR Record of Proceedings (cont)                                         AR20090009282



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