IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120022217
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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards and decorations, including the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states the original Record of Proceedings (ROP) did not list the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
3. The applicant provides the original ROP.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120006219, on 11 September 2012.
2. The applicant provides a new argument. This argument warrants consideration by the Board.
3. The applicant was inducted into the Army of the United States on 1 December 1971 and he held military occupational specialty 64C (Light Vehicle Driver). He served in Vietnam from on or about 12 May 1972 to 20 February 1973.
4. He was honorably released from active duty on 30 November 1973. His
DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
5. 22 October 2012, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added the:
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
6. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) contains the faded or erased entry "M-16 - S (Sharpshooter) - 73 score, and the lined/crossed out date of 5 January 1972."
7. 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. For example, Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.
8. Award of marksmanship badges is not permanent. 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. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 contains an entry that shows he qualified sharpshooter with the M-16 Rifle on 5 January 1972. It is unclear if this entry is faded due to the passage of time or if it was erased from block 29 at the time. It is equally unclear if the date is crossed out on purpose or if copying this form added a black line/ink to the listed date.
2. Nevertheless, any doubt should be ruled in the applicant's favor. As such, he should be entitled to correction of his DD Form 214 to add the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20120006219, dated 11 September 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his
DD Form 214 the Sharpshooter Marksmanship Qualification Badge with Rifle 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) AR20120022217
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120022217
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