IN THE CASE OF:	

		BOARD DATE:	    14 January 2014

		DOCKET NUMBER:  AR20130008833 


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 Bronze Star Medal, Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The applicant states he received the Bronze Star Medal while he was in the service and he wants it shown on his DD Form 214.

3.  The applicant provides his DD Form 214, Bronze Star Medal Certificate and Citation, Army Good Conduct Medal (1st Award) orders, DA Form 2992 (Record Firing Scorecard), and two pages listing awards that were shipped to him from the U.S. Army Tank-Automotive Command.

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.  Having prior active service, the applicant enlisted in the Regular Army on 25 March 1968 and he held military occupational specialty 71H (Personnel Specialist).  He served in Vietnam from 3 November 1969 to 24 October 1970 while assigned to Headquarters and Headquarters Company (HHC), 101st Airborne Division (Airmobile).

3.  His records contain Headquarters, 2d Armored Division, Special Orders Number 105, dated 15 April 1969, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant provides Headquarters, 101st Airborne Division (Airmobile), General Orders (GO) Number 11014, dated 15 September 1970, awarding him the Army Good Conduct Medal (1st Award) for the period 25 March 1968 to 2 November 1970.

5.  His records contain Headquarters, 101st Airborne Division (Airmobile), GO Number 12050, dated 1 October 1970, awarding him the Bronze Star Medal for meritorious service during the period 1 December 1969 to 30 September 1970.

6.  He was honorably released from active duty on 25 October 1970.  He completed 2 years, 7 months, and 1 day of creditable active service during this period.

7.  His DD Form 214 for this period shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as Marksman with the M-14 rifle.  It does not show he qualified with the M-16 rifle.  Item 41 (Awards and Decorations) of this form does not show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  The applicant provides a DA Form 2992, undated, wherein it shows he qualified as Expert with the weapon he was firing.  This form does not show the specific weapon he was firing or the date the record firing took place.  The block for the scorer's signature is signed, but the block for the officer's signature is blank.

10.  Army Regulation 600-8-22 (Military Awards) states 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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows he participated in three campaigns during his service in Vietnam.

11.  Army Regulation 600-8-22 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 (M-16) or Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)).

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states Department of the Army GO Number 8, dated 1974, awarded 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.

13.  Department of the Army Pamphlet 672-3 also shows HHC, 101st Airborne Division (Airmobile) was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 February 1968 through 2 May 1970 in Department of the Army GO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal and Army Good Conduct Medal (1st Award), neither of which is shown on his DD Form 214 for the period ending 25 October 1970.  Therefore, he is entitled to correction of this DD Form 214 to show these medals.

2.  His records confirm he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

3.  GO awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Notwithstanding his contention that he qualified as Expert with the M-16 rifle, the evidence of record is void of orders showing he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and his DA Form 20 does not show he qualified as Expert with the M-16 rifle.  Although he provides a DA Form 2992 showing he qualified as Expert, this form does not show what weapon was being fired, the date of firing, and does not contain an officer's signature verifying the recorded score.  Regrettably, in the absence of conclusive evidence showing he qualified as Expert with the M-16 rifle during his military service, he is not entitled to this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X_____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 for the period ending 25 October 1970 as follows:

* deleting award of the Vietnam Service Medal
* adding the following awards –

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* 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 that 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 award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).



      __________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)                                         AR20130008833



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ABCMR Record of Proceedings (cont)                                         AR20130008833



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