IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100021056 


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:

	a.  awards of the French Fourragere, Expert Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Mortar Bar; 

	b.  completion of the Airborne Reconnaissance Training and the Mechanized Infantry Squad Proficiency Course;

	c.  listing of a Marble Trophy; and 

	d.  listing of his service with the 10th Special Forces Group (SFG) (Airborne) and training of ROTC (Reserve Officers' Training Corps) cadets on light infantry weapons.

2.  The applicant states he needs proof of the French Fourragere in order to receive a State Medal.  He adds that at the American Legion, he notices many DD Forms 214 show a listing of all awards and training.  His on the other hand does not contain any.

3.  The applicant provides:

* Newspaper Article
* Certificate of membership in the 10th SFG (Airborne)
* DD Form 214
* Certificate of Proficiency
* Honorable Discharge Certificate from 10th SFG (Airborne)
* Honorable Discharge Certificate from the U.S. Army Reserve

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 records show he was inducted into the Army of the United States on 27 October 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  His records also show he served in Germany from on or about 24 August 1966 to on or about 25 October 1967.  He was assigned to Company B, 3rd Battalion, 51st Infantry.

4.  Item 28 (Specialized Training) of his DA Form 20 (Enlisted Qualification Record) does not show completion or the duration of the Mechanized Infantry Squad Proficiency Course.

5.  Item 29 (Qualification in Arms) of his DA Form 20 shows he fired or qualified with the following weapon systems:

* M-14 Rifle, qualified expert on 4 January 1967
* .45 Caliber Pistol, familiarization (no qualification) on 26 March 1968
* 81mm Mortar, familiarization (no qualification) on 20 April 1968
* 50 Caliber Machinegun, familiarization (no qualification) on 3 May 1968

6.  He was honorably released from active duty on 17 November 1965 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.
7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and the Sharpshooter Marksmanship Qualification badge with Rifle Bar.

8.  Item 25 (Education and Training Completed) shows the entry "None." 

9.  He submitted:

	a.  A newspaper article which shows the 3rd Battalion, 51st Infantry won a machinegun competition.  The article mentions other members by name but not the applicant's. 

	b.  Certificate of membership of the 10th SFG (Airborne) for participation in a reconnaissance training exercise.

	c.  Certificate of proficiency, awarded by the 4th Armored Division, and shows the applicant demonstrated the professional skill and proficiency required to successfully complete the 1966 Mechanized Infantry Squad Proficiency Course at Grafenwoehr, Germany.

	d.  A local/unit Honorable Discharge Certificate awarded by the 10th SFG (Airborne) as a testimony to his services during a training exercise.

	e.  Honorable Discharge Certificate, dated 16 November 1971 from the U.S. Army Reserve. 

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the French Fourragere as an approved foreign unit award.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal, or ribbon authorized for wear by unit members.

11.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II.  Essentially, this guidance states that there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device.  This is also true of the Belgian Citation in the Order of the Day and the Netherlands Military Order of William.  As a result, the only European foreign unit awards which a former Army service member may wear are the French Fourragere, the Belgian Fourragere and the Netherlands Orange Lanyard. 

12.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Examples:  Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. 

13.   Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

14.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  The regulation in effect at the time stated item 25 showed the formal in-service (full-time attendance) training courses obtained from the Soldier's records successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Expert Marksmanship Qualification Badge with Rifle Bar, the evidence of record shows he qualified expert with the M-14 rifle on 14 January 1967.  His DD Form 214 erroneously listed his qualification level as sharpshooter.  Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

2.  With respect to the French Fourragere, there is no evidence of record which shows the applicant's unit was cited for award of the French Fourragere.  This foreign award is awarded to U.S. Army veterans who had served in World War I and World War II.  The applicant entered active service nearly 20 years after World War II has ended.  Therefore, there is insufficient evidence on which to base award of the French Fourragere.   

3.  With respect to the Expert Marksmanship Qualification Badge with Mortar Bar; the evidence of record shows he was familiarized with the 81mm Mortar on 20 April 1968 but he did not qualify.  In the absence of an official order, memorandum, disposition form, or letter order that shows he qualified with this weapon system and the level of qualification, there is insufficient evidence to award him this badge. 

4.  With respect to his service with the 10th SFG (Airborne), the evidence of record shows he served with Company B, 3rd Battalion, 51st Infantry in Germany.  He was never assigned or attached to the 10th SFG.  But even if he were, there is no provision in the governing regulation to list assignment history or make such an entry on the DD Form 214.

5.  With respect to completion of the Airborne Reconnaissance Training, the evidence of record shows the applicant participated in an airborne training exercise.  There is no evidence he actually completed a formal training course in Airborne Reconnaissance. 

6.  With respect to the completion of the Mechanized Infantry Squad Proficiency Course, the certificate he provides does not show the duration of this training.  But even if it did, by regulation, training courses for combat skills are not listed on the DD Form 214.

7.  With respect to the listing of his Marble Trophy for participation in a Machinegun competition in Germany, there is no provision in the governing regulation to list trophies or make such an entry on the DD Form 214, even if substantiated.

8.  With respect to the listing of his training of ROTC cadets on light infantry weapons, again, there is no provision in the governing regulation to make such an entry on the DD Form 214, even if substantiated.

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 deleting from item 24 of his DD Form 214 the entry "Sharpshooter (Rifle)" and adding the Expert Marksmanship Qualification Badge with Rifle 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 the:

* French Fourragere
* Expert Marksmanship Qualification Badge with Mortar Bar
* His service with the 10th Special Forces Group (SFG) (Airborne)
* Completion of the Airborne Reconnaissance Training
* Mechanized Infantry Squad Proficiency Course
* Listing of a Marble Trophy
* Listing of his training of ROTC cadets


      _______ _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)                                         AR20100021056



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ABCMR Record of Proceedings (cont)                                         AR20100021056



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