IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110013451
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 award of the Bronze Star Medal, Presidential and Congressional Unit Citations and an Engraved Machete as the honor graduate of a jungle warfare course in Panama and Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars.
2. The applicant states he was told he would be shipped the engraved machete as the honor graduate of a jungle warfare course in Panama. After basic training, he qualified as an expert with the rifle and M-60 Machinegun.
3. The applicant provides copies of:
* a certificate as a "Jungle Expert" due to graduating from the Jungle Operations Training Course
* 2 May 1969 discharge orders from the U.S. Army Reserve (USAR) Ready Reserve Control Group
* a 9 August 1966 DD Form 214 (Report of Transfer or Discharge)
when he was discharged from the Army of the United States to accept a USAR commission
* a 13 September 1969 DD Form 214 when he was released from active duty and transferred to the USAR Annual Training Control Group
* a 21 May 1996 DD Form 215 (Correction to DD Form 214) that amended his second DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Army Regulation 15-185 (Army Board for Correction of Military Records) Paragraph 215 provides that, if the ABCMR receives a reconsideration request more than 1 year after the original decision or after it has already reconsidered the case, then the case will be returned without action and the applicant will be advised the next remedy is appeal to a court of competent jurisdiction.
2. AC 95-11584 was boarded on 31 January 1996. That case considered and addressed the various issues. The Board decided that he was entitled to have the Air Medal, Good Conduct Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross and Civil Actions Honor Medal Unit Citations in his record. It also awarded him the Combat Infantryman Badge and concluded that he had completed Jungle Operations Training. However it could find no evidence that he had been awarded the Bronze Star Medal with Oak Leaf Cluster and "V" Device, Purple Heart, Presidential Unit Citation or an unidentifiable Congressional Unit Citation. None of the foregoing awards will be discussed further in this record of proceedings.
3. 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.
4. The applicant was inducted on 9 August 1966. He completed training as an officer candidate and was discharged to accept a commission on 19 November 1967.
a. DA Form 20 (Enlisted Qualification Record) shows his awards and decorations as the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
b. DD Form 214, for his first period of active duty service lists his awards as the National Defense Service Medal, Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. He served on active duty as a USAR commissioned officer from 20 November 1967 to 13 September 1969.
a. DA Form 66 (Officer Qualification Record) shows his awards and decorations as the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.
b. DD Form 214 as modified by a DD Form 215 lists his awards as the National Defense Service Medal, (Republic of) Vietnam Campaign Medal (with Device (1960)), Vietnam Service Medal, Combat Infantryman Badge, Valorous Unit Emblem, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
6. Army Regulation 600-8-22 (Military Awards) does not list an Engraved Machete or any similar award.
7. Army Regulation 635-5 provides the directions for completing separation documents. It indicates that only those awards and decorations listed in Army Regulation 600-8-22 are to be listed on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The Engraved Machete that was promised to the applicant as an honor graduate of the jungle warfare course in Panama was probably a local award that was procured from the local economy. There is no provision for including such awards on the DD Form 214.
2. There is no available evidence that the applicant qualified as an Expert Marksman.
3. 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 that 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) AR20110013451
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ABCMR Record of Proceedings (cont) AR20110013451
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