IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100023763 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his missing training and commendations including but not limited to the following:

	a.  11B Sniper, in item 23a (Specialty Number and Title);

	b.  Sniper - Distinguished Graduate and Expert Marksmanship Qualification Badge with Rifle Bar (M-14 [XM21]), in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized); and

	c.  the Advanced Combat Marksmanship (Sniper) Course in item 25 (Education and Training Completed).

2.  The applicant states his training and his commendations were not entered on his DD Form 214.

3.  The applicant provides his DD Form 214, a Letter of Commendation (Distinguished Graduate), a DA Form 87 (Certificate of Training) for Advanced Marksmanship Training Techniques in a Combat Environment, and his DA Form 20 (Enlisted Qualification Record). 


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 enlisted in the Regular Army on 14 January 1970.  He completed initial entry training and he was awarded military occupational specialty (MOS) 11C (infantryman indirect fire crewman).  He was advanced to pay grade E-4 on 30 December 1970.

3.  Headquarters, Second Advanced Individual Training (AIT) Brigade, U.S. Army Training Center (USATC) Infantry, Fort Ord, CA, issued:

* Special Orders Number 76, dated 16 April 1970, awarding him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Special Orders Number 93, dated 6 May 1970, awarding him the First Class Gunner Badge (now known as Sharpshooter Marksmanship Qualification Badge) with Mortar Bar

4.  His DA Form 20 shows that during his service in Vietnam he was assigned to:

* Headquarters and Headquarters Company, 4th Battalion, 23d Infantry, 25th Infantry Division 19 June 1970 to 29 November 1970 in MOS 11C as a mortar gunner
* Company A, 1st Battalion, 27th Infantry, 25th Infantry Division from
29 November 1970 to 30 December 1970 in MOS 11C as an ammunition bearer
* Company A, 1st Battalion, 27th Infantry and Headquarters, 2d Brigade, 25th Infantry Division from 30 December 1970 to 26 March 1971 in MOS 11C as a gunner; however, gunner is lined out and replaced with sniper


5.  The applicant provided a Warrior Academy, 2d Brigade, 25th Infantry Division, Letter of Commendation (Distinguished Graduate), dated 4 January 1971, showing he attended the Advanced Combat Marksmanship (Sniper) Course from 16 December 1970 through 4 January 1971.  He also provided a DA Form 87 showing he successfully completed this course on 4 January 1971.

6.  His DA Form 20 shows Headquarters, 25th Infantry Division Special Orders Number 212, dated 31 July 1970, awarded him the Combat Infantryman Badge.

7.  Headquarters, 25th Infantry Division, General Orders Number 11500, dated 28 November 1970, awarded him the Army Commendation Medal for meritorious achievement for the period 1 September 1970 to 31 October 1970.

8.  Headquarters, II Field Force Vietnam, General Orders Number 952, dated 25 March 1971, awarded him the Bronze Star Medal for meritorious service for the period June 1970 to April 1971.

9.  His DD Form 214 shows he was honorably released from active duty on 15 November 1971 and he transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 2 days of total active service.

10.  Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

11.  Item 25 of his DD Form 214 only shows he completed the Infantryman Indirect Fire Crewman at Fort Ord for 9 weeks in 1970.

12.  His DA Form 20 does not contain an entry for Sniper - Distinguished Graduate or the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 [XM21]).  A review of his records also failed to reveal evidence he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 [XM21]).

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member 


is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.  The version of this regulation in effect at the time stated that for:

* item 23a, enter the primary MOS code number, title, and date of award
* item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized
* item 25, enter installation training (qualification courses) which were successfully completed during the period covered by the DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was initially trained in MOS 11C, he was awarded MOS 11C as his primary MOS, and that he retained 11C as his primary MOS throughout his tenure of service.  Regulatory policy prescribed that only the primary MOS would be entered on the DD Form 214.  There is no evidence he was ever awarded 11B as his primary MOS.  Therefore, there is an insufficient basis to change item 23a of his DD Form 214 to show 11B sniper.

2.  His records show he completed the Advanced Combat Marksmanship (Sniper) Course in January 1971.  It appears the course was 2 weeks in duration.  As such, it would be appropriate to add this training to item 25 of his DD Form 214.

3.  Orders show he was awarded the Bronze Star Medal, Army Commendation Medal, and the Combat Infantryman Badge.  Therefore, these awards should be added to his DD Form 214.

4.  The applicant participated in two campaign phases while serving in the Republic of Vietnam.  Therefore, he is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show these bronze service stars.


5.  Orders in his records show he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar and First Class Gunner Badge with Mortar Bar.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

6.  There is no available evidence showing he achieved an expert qualification rating with the M-14 (XM21) rifle.  Therefore, he is not entitled to have this badge added to his DD Form 214.
 
7.  Regulatory policy does not provide for entry of distinguished graduate status on a DD Form 214.  As such, there is no basis for adding this status to his DD Form 214.

8.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD form 214 the Vietnam Service Medal;

	b.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar


	c.  adding to item 25 of his DD Form 214 the entry, Advanced Combat Marksmanship (Sniper) Course, 2 weeks, 1971

2.  The Board further determined that the evidence presented was 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 entering 11B sniper in item 23a and entering Sniper - Distinguished Graduate and Expert Marksmanship Qualification Badge with Rifle Bar (M-14 [XM21]) in item 24 of his DD Form 214.



      __________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)                                         AR20100023763



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023763



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1