IN THE CASE OF:	  

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120009319 


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 his earned marksmanship qualification badges and the Commander's Unit Commendation.

2.  The applicant states he earned the awards in question and they were not included on his DD Form 214.

3.  The applicant provides Commander's Unit Commendation and Expert Marksmanship Qualification Badge orders in support of his request.

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 record shows the applicant was inducted into the Army of the United States on 1 May 1968 and was trained in and awarded military occupational specialty (MOS) 12B (Combat Engineer).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 21 September 1968 through 15 August 1969.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his service in the RVN he was assigned to Company B and Headquarters Company, 86th Engineer Battalion, performing duties in MOS 12B as a pioneer and combat engineer.

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the following awards:

* National Defense Service Medal (NDSM)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* two overseas service bars
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* Army Commendation Medal (ARCOM)
* Commander's Unit Commendation

6.  The applicant's Military Personnel Records Jacket contains orders for the following awards in question:

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Commander's Unit Commendation

7.  Headquarters, 20th Engineer Brigade, Republic of Vietnam (RVN), General Orders Number 734, dated 3 August 1969, awarded Company B, 86th Engineer Battalion (Combat), 20th Engineer Brigade, the Commander's Unit Commendation for meritorious conduct in connection with military operations against a hostile force from 27 November 1968 to 15 June 1969 in the RVN by authority of Army Regulation 672-5-1 (Awards), paragraph 200c.

8.  On 28 May 1970, the applicant was honorably released from active duty in the rank of specialist four/E-4 after completing 2 years of creditable active military service with 28 days of lost time due to being absent without leave.  The DD Form 214 he was issued at the time lists the following awards:

* VSM with four bronze service stars
* NDSM
* RVN Campaign Medal with Device (1960)
* ARCOM
* Expert Marksmanship Qualification Badge with Rifle Bar
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation with 1st Oak Leaf Cluster

9.  Army Regulation 672-5-1 (Awards), paragraph 200c, in effect at the time, stated units performing an act of heroism or meritorious service which does not warrant award of the Presidential Unit Citation, Valorous Unit Award, or Meritorious Unit Commendation may be commended in general orders of echelons subordinate to Headquarters, Department of the Army. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment tenure, the applicant's unit (86th Engineer Battalion) was cited for the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  The unit was also cited for the Meritorious Unit Commendation for a period ending on 31 July 1968, prior to the applicant's assignment.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for recording awards in effect at the time of the applicant's discharge stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized using the DA Form 20 as the source document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add his marksmanship badges and the Commander's Unit Commendation to his DD Form 214 has been carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar based on his qualification with the M-14 rifle and the Expert Marksmanship Qualification Badge with Rifle Bar based on his qualification with the M-16 rifle, and that only the M-16 qualification badge is listed on his DD Form 214.  Therefore, it would be appropriate to add the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214.

3.  The evidence of record further shows the applicant's unit was cited in general orders for award of the Commander's Unit Commendation and it is posted to his DA Form 20.  Therefore, there sufficient evidence to support adding this award to his DD Form 214.

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 adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14) and Commander's Unit Commendation to his DD Form 214.



      _________________________
                 CHAIRPxERSON
      
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)                                         AR20120009319



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ABCMR Record of Proceedings (cont)                                         AR20120009319



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