IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100030001
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 to show award of the Expert Marksmanship Qualification Badge vice the Marksman Marksmanship Qualification Badge.
2. The applicant states orders dated 10 October 1966 show he was awarded the Expert Marksmanship Qualification Badge the last time he qualified with his rifle.
3. The applicant provides his DD Form 214 and orders.
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 applicants 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 applicants 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 enlisted in the Regular Army on 24 May 1966 and he held military occupational specialty 63H (Track Vehicle Repairer). He served in Vietnam from 11 December 1966 to 8 December 1967 while assigned to the 27th Maintenance Battalion, 1st Cavalry Division.
3. Headquarters, 47th General Support Group Special Orders Number 181, dated 10 October 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
4. He was honorably released from active duty on 23 May 1969 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. He completed 3 years of creditable active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), National Defense Service Medal, two overseas service bars, Vietnam Campaign Medal with (1960) Device, Vietnam Service Medal, and the Army Good Conduct Medal (1st Award).
6. A review of his records indicates entitlement to additional awards.
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states 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, he participated in the following two campaigns:
* Vietnam Counteroffensive Phase II, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 27th Maintenance Battalion, this unit was cited for award of the:
* Meritorious Unit Commendation for the period 1 June 1967 - 31 May 1968 by Department of the Army (DAGO) Number 28, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 - 19 May 1969 by DAGO Number 59, dated 1969
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is entitled to correction of his DD Form 214 to show this badge.
2. He participated in two campaigns while serving in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these two bronze service stars.
3. General orders awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
BOARD VOTE:
__X_____ __X_____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for 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 Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Vietnam Service Medal; and
b. adding to item 24 of his DD Form 214 the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
_______ _ 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) AR20100030001
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