IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100024374


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, through a Member of Congress, reconsideration of his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (.22 caliber and M-1).

2.  As a secondary issue, the applicant requests correction of his DD Form 214 to show any unit awards he is entitled to for his service in the Republic of Vietnam. 

3.  The applicant states, in effect, that he wants the Board to understand the importance and effort that went into earning these medals.  He further states that both bars were earned under official regulations supervised by U.S. Army personnel.

4.  The applicant provides a self-authored statement to the Board, and:

* Army Reserve Officers' Training Corps (ROTC) Rifle Team roster, dated   7 October 1955
* Special Orders Number 18, Florida State University (FSU), Army ROTC, dated 12 December 1955
* Special Orders Number 13, FSU, Army ROTC, dated   7 February 1957
* photocopied newspaper article titled "Top Marksman," from                  "The Bayonet [Fort Benning, GA, installation newspaper]," dated 24 July 1958
* photocopied newspaper article titled "Pike Named Top Shooter for ROTC," unknown source, unknown date
* letter to the applicant from the Rifle Team Coach, FSU, U.S. Army Instructor Group (Senior ROTC), dated 15 August 1958
* 4 photocopied pages of photographs depicting Army ROTC cadets engaged in marksmanship activities
* 2 photocopied pages of photographs which show a trophy cup, and what appears to be its inscription from an affixed plate
* Special Orders Number 163, Headquarters, U.S. Army Military Assistance Command, Vietnam, dated 12 June 1967

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100000337 on 5 August 2010.

2.  The applicant provides an Army ROTC Rifle Team roster, 3 Special Orders, photocopied newspaper articles and photographs, and a congratulatory letter, which were not previously considered by the Board; therefore, this new evidence will now be considered by the Board.

3.  His military records are not available to the Board for review; however, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.

4.  His available records show he completed ROTC at FSU and he was appointed as a Reserve second lieutenant on 6 June 1959.

5.  His available records show he was ordered to active duty on 20 August 1959 and he was released from active duty on 19 August 1961.  His DD Form 214 shows he completed the Ordnance Officer Basic Course and the Automotive Maintenance and Repair Officer Course from 20 August 1959 to 17 December 1959.  His DD Form 214 also shows he completed 2 years of net service during this period of active duty; it does not show any authorized awards.  

6.  His available records show he was ordered to active duty on 3 October 1962.

7.  Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam from 26 May 1967 to 12 May 1968.  Item 18 (Record of Assignments) of his DA Form 66 shows that during his service in Vietnam he was assigned to U.S. Military Assistance Command, Vietnam. 

8.  On 31 January 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group.  His DD Form 214 shows he completed 6 years, 3 months, and 28 days of net service during this period of active duty.  

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, for the period ending 31 January 1969, shows he received the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Joint Service Commendation Medal
* Army Commendation Medal
* Armed Forces Reserve Medal
* Armed Forces Honor Medal (First Class)
* 2 overseas service bars

10.  A DD Form 215 (Correction to DD Form 214, Certificate or Release or Discharge from Active Duty), dated 5 January 2011, amended item 24 of his    DD Form 214, dated 31 January 1969, by deleting the Vietnam Service Medal and the Vietnam Campaign Medal, and by adding the:

* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Carbine and Pistol Bars

11.  He provides:

   a. Army ROTC Rifle Team roster, dated 7 October 1955, which shows he was a member of the FSU Army ROTC Rifle Team during the 1955-1956 school year;

   b. Special Orders Number 18, FSU, Army ROTC, dated 12 December 1955, which shows he earned the Expert Marksmanship Qualification Badge with Rifle Bar (.22 caliber) on 12 December 1955; 

   c. Special Orders Number 13, FSU, Army ROTC, dated 7 February 1957, which shows he earned the Expert Marksmanship Qualification Badge with Rifle Bar (.22 caliber) on 7 February 1957;

   d. photocopied newspaper article titled "Top Marksman," from                  "The Bayonet," dated 24 July 1958, which states the applicant was awarded a gold trophy by the U.S. Army Infantry School commandant for firing the highest score with the M-1 rifle at the 1958 Fort Benning ROTC Camp;

   e. photocopied newspaper article titled "Pike Named Top Shooter for ROTC," unknown source, unknown date, which states the applicant was named the M-1 Rifle Champion for the 1958 Fort Benning ROTC Camp; 

   f. a letter from the Rifle Team Coach at FSU, dated 15 August 1958, which congratulates the applicant for his "fine marksmanship record at the 1958 ROTC Summer Camp;"

   g. 4 photocopied pages of photographs depicting Army ROTC cadets engaged in marksmanship activities;

   h. 2 photocopied pages of photographs which show a trophy cup and what appears to be its inscription from an affixed plate, awarded for the highest score with the M-1 rifle at the 1958 ROTC Camp; and

   i. Special Orders Number 163, Headquarters, U.S. Army Military Assistance Command, Vietnam, dated 12 June 1967, which details the applicant to the General Staff, for an unspecified period of time, effective 3 June 1967.

12.  The available records do not contain any official documentation, nor has he provided any official documentation, showing he participated in a record-fire qualification with the M-1 rifle.

13.  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.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar. 

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

15.  A review of his available record indicates he is entitled to additional awards which are not shown on his DD Form 214.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows his unit of assignment during his service in Vietnam, the U.S. Military Assistance Command, Vietnam, was cited for:

* Republic of Vietnam Gallantry Cross with Palm unit citation, for the period 8 February 1962 to 28 March 1973, by Department of the Army General Orders (DAGO) 8, dated 1974
*  Meritorious Unit Commendation, for the period 8 March 1965 - 31 August 1967 by DAGO 10, dated 1968
* Meritorious Unit Commendation, for the period 1 September 1967 -         31 October 1968, by DAGO 37, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his request for correction of his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (.22 caliber and M-1), and any unit awards he is entitled to for his service in the Republic of Vietnam, was carefully considered and was determined to have partial merit.

2.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm unit citation and 2 awards of the Meritorious Unit Commendation, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (.22 Caliber); therefore, he is entitled to correction of his DD Form 214 to show this marksmanship qualification badge.

4.  Notwithstanding his marksmanship achievements while in the ROTC, his available records are void of any evidence that shows he qualified with the M-1 rifle.  Absent official orders showing his date of qualification, score, and level of qualification, there is insufficient basis to grant him a marksmanship badge for this weapon.





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.  

2.  In regard to the new issue, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 to add the Republic of Vietnam Gallantry Cross with Palm unit citation and the Meritorious Unit Commendation (Second Award).

3.  In regard to the request for reconsideration, the Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20100000337, dated 5 August 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 to add the Expert Marksmanship Qualification Badge with Rifle Bar (.22 caliber).

4.  The Board further determined 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 correcting his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).

5.  The Board wants the applicant and all others concerned to know that this action in no way diminishes his sacrifices made in service to our Nation. The applicant and all Americans should be justifiably proud of his 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100024374



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