IN THE CASE OF:	  

		BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130012016 


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 the addition of the Marksman Marksmanship Qualification Badge with Rifle Bar to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 16 April 1969.

2.  The applicant states his records were not available at the time of his separation.

3.  The applicant provides:

* DD Form 214
* page 4 of his DA Form 20 (Enlisted Qualification Record)

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.  On 11 September 1967, he enlisted in the Regular Army.  

3.  Headquarters, U.S. Army Training Center (USATC) and Fort Leonard Wood, Fort Leonard Wood, MO, Special Orders Number 305, dated 1 November 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar for the M-14 Rifle.

4.  Headquarters, USATC, Field Artillery, Fort Sill, OK, Special Orders Number 37, dated 12 February 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar for the M-16 Rifle.

5.  He was assigned to the 7th Battalion, 8th Artillery in the Republic of Vietnam from 16 March 1968 to 14 April 1969.

6.  On 16 April 1969, he was released from active duty.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal

7.  Item 41 (Awards and Decorations) of his DA Form 20 shows the entry "SS (Sharpshooter) Rifle Badge" and cites "So (special orders) 37 USATC Ft Sill" as authority.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  

	a.  During the time of the applicant’s assignment to the 7th Battalion, 
8th Artillery, the unit was awarded the:

* Meritorious Unit Commendation (Army) for the periods 1 July 1967 - 
	1 May 1968 and 2 May 1968 - 1 May 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 	for the period from 2 May 1968 - 15 January 1971

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

	a.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  A silver service star is worn in lieu of five bronze service stars.  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

	b.  Table B-1 includes the following Vietnam campaigns:

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

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 41 of his DA Form 20 indicating what may have been a Sharpshooter Marksmanship Qualification Badge is in error.  The cite shows the authority clearly awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.  

2.  Separate orders show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar for the M-14 rifle and the M-16 rifle.  Therefore, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) should be added to his DD Form 214.

3.  Based on his service with the 7th Battalion, 8th Artillery, the following awards should be added to his DD Form 214:

* Meritorious Unit Commendation (Army) (two awards)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
4.  He participated in five campaigns during his service in Vietnam.  Therefore, he is authorized to one silver service star to be worn on his Vietnam Service Medal.  

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 with an effective date of 16 April 1969 by:

	a.  deleting the Vietnam Service Medal and

	b.  adding the:

* Meritorious Unit Commendation (Army) (two awards)
* Vietnam Service Medal with one silver service star
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and 	M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ _   _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)                                         AR20130012016



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ABCMR Record of Proceedings (cont)                                         AR20130012016



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