IN THE CASE OF:	

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140002535 


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 (Report of Separation from Active Duty) for the period ending 16 August 1976 to show:

* his status as a Vietnam era veteran vice post-Vietnam veteran

* the National Defense Service Medal (NDSM), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Grenade Bar 

2.  He states when he was separating at Fort Jackson, SC, he was not instructed to be specific regarding all of his information so the clerk did not enter the correct information.  Although he did not go to Vietnam, he is still a Vietnam era veteran.

3.  He provides no additional evidence in support of his application.

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 NDSM is listed on his DD Form 214 for the period ending 16 August 1976.  Therefore, this portion of his request will not be discussed further in these proceedings.

3.  On 22 August 1974, the applicant enlisted in the Regular Army (RA).  After completing initial entry training, he was awarded military occupational specialty 76V (Equipment Storage Specialist), and he was assigned to duty in Germany.  

4.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  The Sharpshooter Marksmanship Qualification Badge with Grenade Bar is not listed.

5.  Effective 25 March 1976, he was promoted to specialist four (SP4)/E-4.  

6.  On 16 August 1976, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) after completing 1 year, 11 months, and 25 days of net active service this period.  The DD Form 214 issued at that time shows he was authorized the NDSM.  This DD Form 214 does not contain a statement indicating he served during the Vietnam era. 

7.  His record is void of documentation indicating he was the subject of disciplinary action during his RA service, and his record does not contain a commander's statement disqualifying him for award of the Army Good Conduct Medal (AGCM). 

8.  Effective 21 August 1980, he was honorably discharged from the USAR upon completing his military service obligation.

9.  On 18 March 1989, he enlisted in the California Army National Guard (CAARNG).  

10.  While serving in the CAARNG, he was ordered to active Federal service in support of Operation Garden Plot on 1 May 1992 and honorably released from active duty on 9 May 1992.  The DD Form 214 documenting this period of service shows he was authorized the Army Service Ribbon and he had received one award of the NDSM.  This DD Form 214 does not contain a statement indicating he served during the Vietnam era.

11.  Item 9 of the DA Form 2-1 documenting his CAARNG service does not show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  

12.  On 17 March 1999, he was honorably discharged from the CAARNG.  

13.  A review of his records failed to locate any evidence indicating he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  There must have been no convictions by a court-martial.  Disqualification for award of the AGCM required a statement from the Soldier's commander explaining the rationale for the decision.  

15.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Executive Order 12776 extended award of the NDSM to all members of the Army National Guard and the U. S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995.  

16.  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.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  

17.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.
18.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It did not provide for an entry naming the era in which a Soldier had served.  

19.  Title 38, U.S. Code, Section 101, defines the term “Vietnam era” as follows:

   a.  the period beginning on 28 February 1961 and ending on 7 May 1975 in the case of a veteran who served in the Republic of Vietnam during that period; and 

   b.  the period beginning on 5 August 1964 and ending on 7 May 1975 in all other cases. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) during his period of RA service.  It would be appropriate to add this badge to his DD Form 214 for the period ending 16 August 1976.  

2.  There is no documentary evidence showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  Therefore, there is no basis for correcting either of his DD Forms 214 to show this badge.  

3.  There is no evidence indicating what marksmanship qualification(s) he earned subsequent to his RA service.  Therefore, there is no basis for entering any marksmanship qualification badges on the DD Form 214 documenting his active duty service in 1992.  

4.  He was promoted to SP4/E-4 and there is no record of any disciplinary action being taken against him.  There is also no evidence of a commander's disqualification for award of the AGCM.  Based on his overall record of service, it appears that an administrative error occurred resulting in the applicant not being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 22 August 1974 through 16 August 1976 and to correct each of his DD Forms 214 to show this award.

5.  The regulation governing the preparation of DD Form 214 in effect at the time did not provide for an entry documenting the era in which a veteran had served.  The applicant should note, however, that the Vietnam era is defined in U.S. Code.  The dates of service recorded on his DD Form 214 for the period ending 16 August 1976 should be sufficient to establish that he served during the Vietnam era as defined in U.S. Code.  There is no basis for correcting his record to specify that he served during the Vietnam era.  

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: 

	a.  awarding him the AGCM (1st Award) for the period 22 August 1974 through 16 August 1976;

	b.  adding to his DD Form 214 for the period ending 16 August 1976 the AGCM (1st Award) and the Marksman Marksmanship Qualification Badge with Rifle Bar; and

	c.  adding to his DD Form 214 for the period ending 9 May 1992 the AGCM (1st Award).  

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 changing his status from post-Vietnam veteran to Vietnam era veteran.  



      _______ _   __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)                                         AR20140002535



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ABCMR Record of Proceedings (cont)                                         AR20140002535



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