IN THE CASE OF:	  

		BOARD DATE:  4 October 2012

		DOCKET NUMBER:  AR20120005994 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle, Machine Gun, and Pistol Bars.

2.  The applicant states:

	a.  He completed advanced individual training at Fort Jackson, SC, in 1968 and qualified as Sharpshooter with the M-14 rifle.

	b.  He was assigned to Company D, 3rd Battalion, 47th Infantry, 9th Infantry Division, and served in the Republic of Vietnam in 1968.

	c.  In September or October 1968, the machine gunner in the unit was killed and the applicant assumed his duties.  He was carrying the M-60 machine gun when he was wounded in action on 6 November 1968.

	d.  He believes the entry "M Bad w/AR Bar" listed in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Marksmanship Qualification Badge with Machine Gun (M-60) Bar.

	e.  He was issued the Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Machine Gun (M-60) and Pistol (.45 Caliber) Bars, but he lost the badges and would like to have them replaced.

3.  The applicant provides his DD Form 214 and page 4 of his DA Form 20.

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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, 1 Archives Drive, St. Louis, MO  63138.  Therefore, this issue will not be further addressed in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States on 5 March 1968.  Upon completion of training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's DA Form 20 shows in:

	a.  item 29 (Qualification in Arms):

* M-14 Rifle – Sharpshooter, 16 April 1968
* M-16A1 Rifle – Expert, May 1968
* M-16A1 Rifle – Marksman, June 1968

	b.  item 31 (Foreign Service):  Vietnam from 8 August to 8 November 1968;

	c.  item 38 (Record of Assignments):  he was assigned to Company D, 3rd Battalion, 47th Infantry, 9th Infantry Division, and served in:

* MOS 11B as a rifleman from 17 August to 31 October 1968
* MOS 11B as a light weapons infantryman from 1 to 7 November 1968



	d.  item 41 (Awards and Decorations), in part:

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar by Special Orders Number 68, Headquarters, 1st Brigade, U.S. Army Training Center, Fort Gordon, GA, dated 1968
* Expert Marksmanship Qualification Badge with Rifle Bar by Special Orders Number 90, Headquarters, 3rd Brigade, U.S. Army Training Center, Fort Jackson, SC, dated 1968
* Marksman Marksmanship Qualification Badge with Automatic Rifle (shown as "AR") Bar by Special Orders Number 106, Headquarters, 3rd Brigade, U.S. Army Training Center, Fort Jackson, SC, dated 1968

5.  A review of the applicant's military personnel records failed to reveal copies of orders pertaining to his qualification for any marksmanship badges.

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 March 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He completed 2 years of active service during this period that included 3 months and 1 day of foreign service.  It also shows he was awarded or authorized the:

* Vietnam Service Medal
* Purple Heart
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any individual award orders pertaining to the applicant.

8.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Forms 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for 


campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

	a.  It shows that at the time of the applicant's assignment to Company D, 3rd Battalion, 47th Infantry, 9th Infantry Division, the battalion was awarded the:

* Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 36, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 59, dated 1969

	b.  Paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

		(1)  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

		(2)  Table B-1 contains a list of Vietnam Conflict campaigns and it shows (in pertinent part) the following campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

	c.  This regulation sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree (i.e., 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.

2.  Records show the applicant qualified for and was authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar (most recent qualification with this weapon)

3.  The applicant may have served as an M-60 machine gunner; however, there is no evidence of record and the applicant provides insufficient evidence that shows he was authorized or awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun (M-60) Bar.  There is also no evidence that shows he was authorized or awarded the Sharpshooter Marksmanship Qualification Badge with Pistol (.45 Caliber) Bar.  Therefore, he is not entitled to correction of his records to show these two badges.

4.  The evidence of record show the applicant qualified for the Republic of Vietnam Campaign Medal with Device (1960).

5.  General orders awarded the applicant's unit the:

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his authorized awards as recommended below.



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:

	a.  deleting the following awards from his 7 March 1970 DD Form 214:

* "Vietnam Service Medal"
* "(Rifle) Sharpshooter Badge"

	b.  adding the following awards to his 7 March 1970 DD Form 214:

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle 
(M-16) Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 the Sharpshooter Marksmanship Qualification Badge with Machine Gun and Pistol Bars.



      __________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)                                         AR20120005994



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ABCMR Record of Proceedings (cont)                                         AR20120005994



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