IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100018288
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 the Navy Unit Commendation and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.
2. The applicant states he is authorized the Navy Unit Commendation based on his service with the III Marine Amphibious Force. He qualified with the M-16 rifle during advanced individual training.
3. The applicant provides a copy of the citation for the Navy Unit Commendation with an attached list of units.
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 record was previously reviewed by the Board to determine his authorized awards.
3. It noted that his DD Form 214 listed the following as authorized awards: the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and two overseas service bars.
4. The previous review added the Army Good Conduct Medal, Navy Achievement Medal with Combat "V," four bronze service stars for wear on the Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant;s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 8 September 1968 to 30 August 1969 with I Corps, U.S. Army Military Assistance Command Vietnam (MACV), and Battery A, 1st Battalion, 82nd Artillery Regiment.
6. Headquarters, MACV, Special Orders Number 265, dated 21 September 1968, directed the applicant's reassignment to the III Marine Amphibious Force for duty as an enlisted aide with a reporting date of 23 September 1968.
7. 4th Combat Support Brigade Special Orders Number 153 dated 1968 show the applicant completed a familiarization course with the M-16 rifle.
8. The citation the applicant submitted in support of his application states the Navy Unit Commendation was awarded to the III Marine Amphibious Force and attached Army units consisting of the 29th Civil Affairs Company, 244th Psychological Operations Company, and 7th Psychological Battalion for service from 6 May 1966 through 30 June 1968.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that the Navy Unit Commendation and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar be added to his DD Form 214 as authorized awards.
2. There is no evidence the applicant was assigned or attached to the III Marine Amphibious Force until 23 September 1968. This was after the qualifying period for the Navy Unit Commendation.
3. The record shows the applicant fired only a familiarization course with the
M-16 rifle.
4. In view of the foregoing there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100018288
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ABCMR Record of Proceedings (cont) AR20100018288
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