IN THE CASE OF: 

		BOARD DATE:	    31 July 2014

		DOCKET NUMBER:  AR20130021177 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Expert Marksmanship Qualification Badge with M16 Rifle and 81mm Mortar bars.

2.  The applicant states he desires to have his DD Form 214 corrected to show he qualified expert with the M16 rifle and 81mm mortar.

3.  The applicant provides a copy 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.  The applicant was inducted on 27 November 1967.  He completed his basic training at Fort Knox, Kentucky and his advanced individual training as an infantry indirect fire crewman at Fort McClellan, Alabama before being transferred to Vietnam on 16 May 1968 for assignment to Company A, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division. 

3.  He was promoted to the rank of sergeant on 13 March 1969, participated in four campaigns, and departed Vietnam on 12 May 1969 for assignment to Fort Meade, Maryland where he remained until he was honorably released from active duty (REFRAD) on 26 November 1969.  He had served 2 years of active service.  His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with rifle bar (M14), National Defense Service Medal, Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Air Medal, Combat Infantryman Badge, and Bronze Star Medal.

4.  A review of his official records shows that the applicant qualified “Expert” with the M16 rifle during a familiarization course on 6 March 1968.  He qualified “Expert” with the 81mm mortar in a train-fire course on 5 April 1968.

5.  His records also show that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  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.  A train-fire course is a record course; however, a familiarization course is not a qualification course that results in award of a marksmanship badge.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

7.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  

9.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant qualified expert with the 81mm mortar and is entitled to have that qualification recorded on his DD Form 214.  However, he only qualified during a familiarization course with the M16 rifle and is not entitled to have that qualification added to his DD Form 214.

2.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 27 November 1967 through 26 November 1969.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

3.  The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time. 

4.  The applicant served in four campaigns and is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal and have them added to his DD Form 214.

5.  Additionally, the applicant’s unit was awarded the VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, he is entitled to have those awards added to his DD Form 214 at this time.






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:

* Deleting the Vietnam Service Medal from his DD Form 214
* Awarding him the AGCM (1st Award) for the period 27 November 1967 through 26 November 1969
* Adding the awards of the Expert Marksmanship Qualification Badge with mortar bar, Vietnam Service Medal with four bronze service stars, AGCM (1st Award), VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

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 adding the award of the Expert Marksmanship Qualification Badge with M16 rifle bar to his DD Form 214.  

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20130021177





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021177



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1