IN THE CASE OF:	  

		BOARD DATE:	 29 October 2013 

		DOCKET NUMBER:  AR20130005586 


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 Expert Marksmanship Qualification Badge with Rifle Bar.  He also requests, in effect, award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

2.  The applicant states:

* his records were inaccurate at the time of his discharge
* when he mentioned the inaccuracies to the clerical person handling the process, he was told it would take some time to redo everything
* due to the suggested clerical hassle and his own impatience, he did not press the matter as he should have
* it has bothered him for years and he would be thankful to have these awards listed to accurately reflect the things he truly earned while serving his country
* he served with pride and, while perhaps not the best Soldier in the Army, he earned his expert rankings and the Army Good Conduct Medal
* he hopes to have his awards properly restored as part of his service records before he dies

3.  The applicant provides his DD Form 214 and a letter from the Army Review Boards Agency, dated 25 February 2013.


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 enlisted in the Regular Army on 9 October 1967.  He completed training as a tracked vehicle mechanic.  He arrived in Vietnam on 15 May 1968 and was assigned to the 136th Light Equipment Maintenance Company.

3.  The applicant participated in the following four campaigns while serving in Vietnam:

* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)

4.  On or about 11 May 1969, he departed Vietnam en route to the United States.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), last audited on 10 August 1970, shows he qualified as Expert with the M-14 and M-16 rifles.  His DA Form 20 also shows his conduct and efficiency ratings were "excellent," "fair," and "good" while he was in the Army.

6.  He was honorably released from active duty to attend college on 15 August 1970.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

7.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

	b.  The marksmanship 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 (e.g., Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, etc.).  Award of marksmanship qualification badges is not permanent.  An award for previous marksmanship qualification is revoked automatically upon completion of firing a record course for which the previous award was made whenever an individual has not attained the same level of 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.

9.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., armor, infantry, artillery, military police, etc.) instead of weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship qualification badge the Soldier is eligible to wear.

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  The applicant received conduct and efficiency ratings of "excellent," "fair," and "good" during his service.  According to the applicable regulation, the enlisted person must have had all "excellent" conduct and efficiency ratings.  Based on his conduct and efficiency ratings, he is not eligible for award of the Army Good Conduct Medal.

3.  The available evidence does show he qualified as Expert with the M-14 and M-16 rifles.  His DD Form 214 should be corrected to show the appropriate qualification badges.

4.  The applicant is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  In view of the foregoing, the applicant's records should be corrected 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 amending his DD Form 214 as follows:
* 
deleting award of the Marksman Marksmanship Qualification Badge with Rifle Bar
* adding the following awards –

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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 awarding him the Army Good Conduct Medal and adding this medal 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)                                         AR20130005586



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ABCMR Record of Proceedings (cont)                                         AR20130005586



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