IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090011015 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he qualified as an expert with the M-16 rifle and as a sharpshooter with the M-60 machine gun.

2.  The applicant states that he qualified as an expert with the M-16 rifle and as a sharpshooter with the M-60 machine gun.

3.  The applicant provides no additional documents 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.  On 11 January 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Item 29 (Qualification in Arms) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  13 February 1968:  Qualified as sharpshooter with the M-14 rifle;

	b.  5 April 1968:  Qualified as first class gunner [sharpshooter] with the M-16 rifle; and

	c.  10 April 1968:  Qualified as first class gunner [sharpshooter] with the M-60 machine gun.

4.  On 17 May 1968, the applicant departed Fort Polk, LA, for duty in the Republic of Vietnam.

5.  On 30 June 1968, the applicant was assigned to B Troop, 1st Squadron,
17th Cavalry Regiment.  He served with this unit until his return to the United States on 12 June 1969.

6.  On 22 July 1969, the applicant was assigned to Fort Benning, GA, with duty at Fort Hamilton, NY.

7.  On 9 January 1970, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist four (SP4)/E-4, and had completed 1 year, 11 months, and 29 days of creditable active duty service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated 9 November 1994, lists his awards as the National Defense Service Medal, Bronze Star Medal, Soldier's Medal, Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar, Marksman Marksmanship Qualification Badge with Machinegun [M-60] Bar, Combat Infantryman Badge, Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Army Good Conduct Medal.


9.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 - 
1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 - 
22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Additionally, a silver service star denotes participation in five campaigns.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that B Troop, 1st Squadron,
17th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1970, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 48, dated in 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he qualified as an expert with the M-16 rifle and as a sharpshooter with the M-60 machine gun.

2.  The evidence of record shows that the applicant qualified as a sharpshooter with both the M-14 and M-16 rifles and with the M-60 machine gun.  However, there is no available evidence of record showing that he had qualified as an expert with any of these weapons.  Therefore, his DD Form 214 should be corrected to show his sharpshooter qualifications.

3.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of 1 silver service star to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.
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:

	a.  deleting from item 24 of his DD Form 214 the entry "Sharpshooter (M16), Sharpshooter (Rifle), and Marksman (M60)"; and

   b.  adding in Item 24 of his DD Form 214 the Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16 and M-14) and Machinegun (M-60) Bars.

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 awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).



      __________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)                                         AR20090011015



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ABCMR Record of Proceedings (cont)                                         AR20090011015



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