BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20130011760 


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 (Certificate of Release or Discharge from Active Duty) to show the Expert Marksmanship Qualification Badge with Rifle Bar (Carbine - .30 Caliber), properly known as the M-1 carbine.

2.  The applicant states he qualified as expert three times with the M-1 carbine during his service in the Army during the period 30 June 1959 to 29 June 1962.  Although the award is reflected on his DA Form 24 (Service Record), it was not reflected on his DD Form 214 at the time of his discharge.

3.  The applicant provides his DD Form 214 and three orders.

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 (RA) on 30 June 1959.  He provides the following Special Orders (SO):

* SO Number 163, dated 1 October 1959, issued by Headquarters (HQ) 1st Guided Missile Group, Fort Bliss, TX, announced he qualified as expert with the M-1 carbine
* SO Number 194, dated 26 October 1960, issued by HQ, 1st Guided Missile Group, announced he qualified as expert with the M-1 carbine
* SO Number 194, dated 12 July 1961, issued by HQ, 1st Guided Missile Group, announced he qualified as expert with the M-1 carbine on 1 July 1961

3.  He was honorably released from active duty on 29 June 1962 and he was transferred to the U.S. Army Reserve.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows award of the Army Good Conduct Medal (1st Award).

4.  He enlisted in the RA on 20 February 1963.  He served throughout several reenlistments and/or extensions and he attained the rank/grade of master sergeant (MSG)/E-8 on 25 August 1976.  He was discharged from the RA on 22 March 1978 for the purpose of immediate reenlistment.  His records are void of any of the DD Forms 214 he may have been issued during his active duty service between 20 February 1963 and 22 March 1978.  

5.  He reenlisted in the RA on 23 March 1978.  He served throughout several reenlistments and/or extensions.  He was honorably retired from active duty on 31 July 1982 in the rank of MSG and he was placed on the Retired List on 1 August 1982.  He completed a total of 22 years, 6 months, and 24 days of creditable active service.

6.  The DD Form 214 he was issued for this period of service shows award of the:

* Meritorious Service Medal
* Bronze Star Medal
* Army Commendation Medal (1st Oak Leaf Cluster (or 2nd Award))
* National Defense Service Medal
* Army Good Conduct Medal (7th Award)
* Vietnam Service Medal
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Overseas Service Ribbon (4th Award)
* two overseas service bars
* Army Service Ribbon
* Meritorious Unit Commendation
* Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 3
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Meritorious Service Medal (2nd Award)

7.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Vietnam from 3 May 1969 to 7 April 1970 while assigned to the 69th Signal Battalion.

8.  In addition to his service in Vietnam, item 5 (Oversea Service) of his DA Form 2-1 shows he also successfully completed the following overseas service tours in:

* Germany, 14 May 1963 - 20 April 1966
* Thailand, 17 October 1966 - 22 November 1967
* Germany, 5 March 1971 - 28 February 1974
* Germany, 23 November 1976 - 19 November 1979

9.  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 that during his service in Vietnam he participated in three campaigns.

10.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides SO that showed he qualified as expert with the M-1 carbine on 1 July 1961.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 31 July 1982 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-1 Carbine).

2.  His record confirms that during his service in Vietnam, he participated in three campaigns.  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.  The evidence of record confirms he successfully completed five overseas service tours.  Therefore, he is entitled to correction of his DD Form 214 to show a fifth award of the Overseas Service Ribbon.

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 a recommendation for 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 31 July 1982 by:

* deleting the Vietnam Service Medal and Overseas Service Ribbon (4th Award)
* adding the:

* Vietnam Service Medal with three bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1 Carbine)
* Overseas Service Ribbon (5th Award)



      _________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)                                         AR20130011760





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ABCMR Record of Proceedings (cont)                                         AR20130011760



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