IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110017287
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 he is authorized the Expert Marksmanship Qualification Badge with Pistol Bar. He also requests to be given credit for "boots on the ground" in 1969 when he was assigned to a special support unit for the President of the United States.
2. The applicant states:
* he landed at Saigon airport with President Nixon
* he was awarded military occupational specialty 95B (Military Police)
* he qualified Expert with the .45 caliber pistol
* he was recently told by someone at the Department of Veterans Affairs that he is eligible for these credits
3. The applicant provides no additional evidence.
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 Army on 13 February 1968. He completed training as a military policeman.
3. Special Orders Number 123 were published on 20 June 1968 showing he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to the following installations during his service in the Army:
* Fort Leonard Wood, Missouri, 13 February 1968-5 May 1968
* Fort Gordon, Georgia, 6 May 1968-5 July 1968
* Fort Sam Houston, Texas, 19 July 1968-19 June 1969
* Homestead Air Force Base, Florida, 20 June 1969-31 July 1970
* Fort Belvoir, Virginia, 1 August 1970-18 October 1970
* Walter Reed Army Medical Center, Washington, DC, 19 October 1970-12 February 1971
5. The applicant's records do not show he ever departed the United States while he was in the Army.
6. The applicant was honorably discharged on 12 February 1971 at the expiration of his term of service. His DD Form 214 shows he is authorized the following awards:
* Army Good Conduct Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
7. Item 22c (Foreign and/or Sea Service) of his DD Form 214 does not show any foreign service while he was in the Army.
8. Army Regulation 635-5 (Personnel Separation) governs the preparation of the DD Form 214. The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions regarding weapons qualification and foreign service have been noted.
2. He was awarded the Expert Marksmanship Qualification Badge with Pistol Bar. His DD Form 214 should be amended to show this award.
3. There is no evidence in the available record and he has not submitted any evidence showing he was in Saigon in 1969. His DA Form 20 shows no foreign service. In the absence of evidence to the contrary, it would not be appropriate to correct his DD Form 214 to show credit for foreign service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X __ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to add the Expert Marksmanship Qualification Badge with Pistol Bar.
2. 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 amending item 22c of his DD Form 214 to show any foreign service.
_______ _ 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) AR20110017287
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017287
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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