BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120011491 


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 the Sharpshooter Marksmanship Qualification Badge with Tank Bar.

2.  The applicant states that while waiting for advanced individual training at Fort Knox, KY, in 1965, he was sent to a noncommissioned officer academy until his training class opened.  He trained as an armored crewman and qualified as Sharpshooter with this weapon system.  He later transferred from Fort Polk, LA, to Germany and then on to Vietnam.  The paperwork must have been lost in the transfer.

3.  The applicant provides his 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's records show he enlisted in the Regular Army on 10 November 1964 and he held military occupational specialty 11D (Armor Intelligence Specialist).

3.  Special Orders Number 83 issued by Headquarters, 3rd Armored Cavalry Regiment, dated 8 June 1965, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar.  The orders list the date of qualification as 26 May 1965.

4.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as Sharpshooter with the tank weapon system on 17 March 1965, pistol on 21 September 1965, and M-14 rifle in October 1965.

5.  He served in Germany from 17 April to 17 December 1965.  He also served in Vietnam from 20 January 1966 to 13 January 1967 where he was assigned to Headquarters and Headquarters Company, 1st Battalion, 16th Infantry.

6.  He was honorably released from active duty on 9 November 1967.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Army Good Conduct Medal

7.  Department of the Army General Orders (DAGO) awarded the 1st Battalion, 16th Infantry, the following awards during his service with this unit:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 12 July 1965 to 16 October 1968 based on DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1965 to 7 April 1970 based on DAGO Number 53, dated 1970

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows campaign participation credit was awarded for the following campaigns during his service in Vietnam.  This same regulation states a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive, 25 December 1965-30 June 1966
* Vietnam Counteroffensive Phase, 1 July 1966-31 May 1967

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he qualified as Sharpshooter with the tank weapon system on 17 March 1965.  Therefore, he is entitled to award of the Sharpshooter Marksmanship Qualification Badge with Tank Bar and correction of his DD Form 214 to show it.

2.  The evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar on 26 May 1965.  However, his DA Form 20 shows he qualified as Sharpshooter with the pistol on 21 September 1965.  Therefore, he is entitled to award of the Sharpshooter vice Marksman Marksmanship Qualification Badge with Pistol Bar and correction of his DD Form 214 to show this badge.

3.  The evidence of record also shows he was awarded the Vietnam Service Medal and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his Vietnam Service Medal.

4.  DAGO show his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both unit awards.

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:

* deleting the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Pistol Bar from his DD Form 214
* adding the following awards to his DD Form 214 –

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Tank Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar



      __________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)                                         AR20120011491



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ABCMR Record of Proceedings (cont)                                         AR20120011491



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