BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140000181 


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) for the period ending 21 November 1973 to show:

	a.  his small arms training (apparently he means marksmanship qualification badges) and

	b.  he held military occupational specialties (MOS's) "R1B2O" and "R2B2O."

2.  The applicant states these items are not shown on his DD Form 214 and records.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* letter from a Member of Congress, dated 1 November 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 April 1968 for a period of 3 years.  He completed his training and was awarded MOS 91A (medical corpsman).

3.  Item 29 (Qualification in Arms) of the DA Form 20 contained in his records shows he qualified as Sharpshooter with the M-14 rifle on 16 May 1968.  There are no other entries in this item.  Item 41 (Awards and Decorations) of this 
DA Form 20 shows entitlement to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  No other marksmanship qualification badges are shown in this item.

4.  Headquarters, U.S. Army Training Center and Fort Leonard Wood, Special Orders Number 144, dated 23 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Item 29 of the DA Form 20 provided by the applicant shows a second entry which indicates he qualified as Marksman with the .45 caliber pistol in July 1970.  However, there are no orders for this marksmanship qualification badge in the available records.  Item 41 of this DA Form 20 shows entitlement to the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

6.  Headquarters, U.S. Army Hospital, Special Orders Number 181, dated 14 October 1968, awarded him primary MOS 91B2O (medical specialist) and primary MOS 91A1O was withdrawn.

7.  He arrived in Vietnam on 27 February 1969 and he was assigned to the 36th Evacuation Hospital as a medical specialist on 3 March 1969.  He was honorably discharged on 21 November 1969 for immediate reenlistment.  He reenlisted on 22 November 1969 for a period of 4 years.  He departed Vietnam on 28 November 1969.

8.  He arrived in Vietnam for his second tour of duty on 26 July 1970.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry Regiment, from 12 August 1970 to 25 July 1971.

9.  Headquarters, 3d Brigade (Separate), General Orders Number 1410, dated 26 July 1971, awarded him the Army Commendation Medal (ARCOM).

10.  Records show he participated in five campaigns during his assignments in Vietnam.  

11.  On 21 November 1973, he was honorably released from active duty.

12.  His DD Form 214 for the period ending 21 November 1973 shows he was awarded or authorized the:

* Bronze Star Medal
* Army Good Conduct Medal (2nd Award)
* Air Medal (2nd Award)
* Combat Medical Badge
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* two overseas service bars

13.  Item 23a (Specialty Number and Title) of his DD Form 214 for this period shows the entry "91B2O Medical Specialist."

14.  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.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 7th Cavalry Regiment, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 21 February 1970 to 28 February 1971 in Department of the Army General Orders Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 17 September 1965 to June 1971 in Department of the Army General Orders Number 54, dated 1974

17.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, where a single unit received duplicate Vietnamese unit awards during the same period of time, only one award will be recorded in official military and historical records.

18.  The governing regulation for MOS's does not show "R1B2O" or "R2B2O" as authorized MOS's.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 for the period ending 21 November 1973 should be corrected to show this marksmanship badge.

2.  There are no orders for the Marksman Marksmanship Qualification Badge with Pistol Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar in the available records and the record copy of his DA Form 20 does not show these qualifications.  In the absence of orders, the entries on the DA Form 20 he provided which shows he qualified as Marksman and Sharpshooter with the .45 caliber pistol alone are not sufficient as a basis for adding this marksmanship qualification badge to his DD Form 214 for the period ending 21 November 1973.

3.  Since the governing regulation for MOS's does not show "R1B2O" or "R2B2O" as authorized MOS's, there is no basis for amending item 23a of his DD Form 214 for the period ending 21 November 1973.

4.  Orders show he was awarded the ARCOM.  Therefore, his DD Form 214 for the period ending 21 November 1973 should be corrected to show this medal.

5.  He participated in five campaigns during his service in Vietnam which entitles him to one silver service star with his Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 21 November 1973 should be corrected to show this service star.


6.  His unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  However, the period for the first award is entirely contained within the period for the second award.  Therefore, his DD Form 214 for the period ending 21 November 1973 should be corrected to show only one unit award.

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 adding the following awards to his DD Form 214 for the period ending 21 November 1973:

* ARCOM
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* one silver service star with 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 amending item 23a of his DD Form 214 for the period ending 21 November 1973 or adding award of the Marksman Marksmanship Qualification Badge with Pistol Bar.



      __________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)                                         AR20140000181



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ABCMR Record of Proceedings (cont)                                         AR20140000181



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