IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140003754
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, in three separate applications, correction of the following DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge):
a. DD Form 214 for the period ending 16 August 1967 - addition of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); and
b. DD Form 214 for the period ending 31 July 1969 - addition of two overseas service bars.
2. The applicant states he qualified for the marksmanship badges but they were never added to his service record. He also had 1 year of foreign and/or sea service while serving as an officer and he believes this entitles him to two overseas service bars.
3. The applicant provides:
* DD Form 214 for the period ending 16 August 1967
* DD Form 214 for the period ending 31 July 1969
* DD Form 215 (Correction to DD Form 214), dated 5 December 2013
* A DA Form 66 (Officer Qualification Record)
* special orders for marksmanship qualification badges
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. He was inducted into the Army of the United States on 10 October 1966 and served as an infantry operations and intelligence specialist. On 16 August 1967, he was honorably discharged to accept a commission. His DD Form 214 for this period shows he received the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
3. He provided Special Orders Number 8, dated 12 January 1967, which show he qualified as an expert with the M-60 machine gun. He also provided Special Orders Number 12, dated 18 January 1967, which show he qualified as a marksman with the M-14 rifle.
4. He entered active duty on 17 August 1967 in the rank of second lieutenant and served as an infantry unit commander. His DA Form 66 shows he served in the Republic of Vietnam (RVN) from 27 July 1968 through 26 July 1969.
5. He was honorably released from active duty on 31 July 1969. His DD Form 214 for this period shows he served 1 year and 1 day of foreign and/or sea service. It also shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.
6. He provides a DD Form 215 that amended his DD Form 214 for the period ending 31 July 1969 to add the RVN Civil Actions Honor Medal First Class Unit Citation and four bronze service stars to his previously-awarded Vietnam Service Medal.
7. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.
DISCUSSION AND CONCLUSIONS:
1. Special orders show he qualified as a marksman with the M-14 rifle. However, his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar which is a higher decoration than the marksman qualification. It is the policy of the Board not to make an applicant worse off.
2. Special orders also show he qualified as an expert with the M-60 machine gun. As such, his DD Form 214 for the period ending 16 August 1967 should be amended to show he was awarded or authorized the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).
3. The overseas service bars are a uniform item and are not required to be listed on the DD Form 214.
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 amending his DD Form 214 for the period ending 16 August 1967 to add the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).
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 overseas service bars.
___________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) AR20140003754
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ABCMR Record of Proceedings (cont) AR20140003754
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