IN THE CASE OF:	  

		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20120002730 


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 the Army Good Conduct Medal, Army Commendation Medal (ARCOM), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with Rifle (M-16 and M-14) and Hand Grenade Bars be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states:

* According to the sources he has researched the above mentioned medals were awarded to individuals who served in the 2nd Battalion, 503rd Infantry in Vietnam during the period 1969 to 1970
* He was never issued the Army Good Conduct Medal even though his record of service was without any blemishes or adverse conduct
* The Army would rate and then average the scores of the three weapons (M-14, M-16, and Hand Grenade) and issue a badge according to the totaled average
* He was issued the expert badge because he scored sharpshooter on the M-14 rifle, expert on the M-16 rifle, and expert on the Hand Grenade 

3.  The applicant provides:

* Two applications
* Orders for the ARCOM
* Excerpt on Army Awards for the 2nd Battalion, 503d Infantry
* Special orders, dated 27 May 1969
* DD Form 214 

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 was inducted into the Army of the United States on 25 March 1969.  He arrived in Vietnam on 13 April 1970.  He served as a light weapons infantryman assigned to Company D, 2nd Battalion, 503rd Infantry from 16 April 1970 to 18 November 1970.  On 14 December 1970, he was honorably released from active duty in the rank of sergeant after completing 1 year, 8 months, and 20 days of creditable active service with no lost time.

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge
* one Oversea Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  He provided special orders, dated 27 May 1969, which show he qualified:

* sharpshooter on the M-14 rifle
* expert on the M-16 rifle
* expert on the hand grenade



5.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified sharpshooter on the M-16 rifle on 19 June 1969.  Orders, dated 26 June 1969, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) effective 
19 June 1969. 

6.  There is no evidence of record which shows he qualified expert with the M-14 rifle. 

7.  Orders, dated 2 December 1970, show he received the ARCOM for meritorious achievement for the period 27 April 1970 to 7 November 1970 in Vietnam.

8.  Records show he participated in three campaigns during his assignment in Vietnam.

9.  There is no evidence to show the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 503rd Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 5, dated 1973

11.  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 regulation also states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably released from active duty in the rank of sergeant with over 20 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 25 March 1969 through 14 December 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

2.  Orders show he received the ARCOM.  His DD Form 214 should be corrected to show this badge.

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show these unit awards.

4.  The applicant's DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  He contends he is entitled to the Expert Marksmanship Qualification Badge with Rifle (M-16 and M-14) and Hand Grenade Bars because his average score on these weapons was expert.  He provided orders, dated 27 May 1969, which show he qualified sharpshooter on the M-14 rifle, expert on the M-16 rifle, and expert on the hand grenade.  

5.  The governing regulation states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  Since orders, dated 26 June 1969, show he qualified sharpshooter on the M-16 rifle effective 19 June 1969, his previous May 1969 expert qualification on the M-16 was revoked.  Therefore, there is insufficient evidence on which to base adding the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).     

6.  Since there is no evidence of record which shows he qualified expert on the M-14 rifle, there is insufficient evidence on which to base adding the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).   

7.  The orders provided by the applicant which show he qualified sharpshooter on the M-14 rifle and expert on the hand grenade are accepted as sufficient evidence on which to base adding these marksmanship badges to his DD Form 214.  

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 that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
25 March 1969 through 14 December 1970; and 

	b.  adding the ARCOM, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Hand Grenade Bar, Sharpshooter Marksmanship Badge with Rifle Bar (M-14), and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



2.  The Board further determined that 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 adding the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) to 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)                                         AR20120002730





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ABCMR Record of Proceedings (cont)                                         AR20120002730



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