IN THE CASE OF:	  

		BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140003857 


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 effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* Marksman Marksmanship Qualification Badge (M-14) Rifle Bar
* Expert Marksmanship Qualification Badge (M-16) Rifle Bar
* Expert Marksmanship Qualification Badge (M-60) Machinegun Bar
* Expert Marksmanship Qualification Badge (M-69) Recoilless Rifle Bar
* medals, campaign ribbons and any other awards based on his service in Vietnam
* correct foreign service time for Vietnam 

2.  He states the 545th Military Police Company never annotated his records correctly.  He also states he never fired an M-1 (indicating this entry should be removed from his DD Form 214).

3.  The applicant provides his DD Form 214. 

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 into the Army of the United States on 13 January 1964 and served in military occupational specialty 95B.10 (Military Police).

3.  A DA Form 24 (Service Record) shows that while attending training at Fort Knox, KY, he qualified as a marksman with the M-1 Rifle for familiarization. 

4.  The applicant's records contain SO Number 32, dated 3 March 1964, showing he qualified as a marksman with the M-14 Rifle.

5.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam with the 545th Military Police Company, 1st Cavalry Division (Airmobile) from about 19 August 1965 to 9 January 1966 a total of 4 months and 22 days.  He also received all “excellent” ratings in conduct and efficiency during his period of service. 

6.  The applicant's record is void of orders showing his qualification with the M-16 Rifle, M-60 Machine Gun, and the M-69 Recoilless Rifle. 

7.  The applicant was honorably released from active duty on 10 January 1966.  His DD Form 214 shows he was awarded the Vietnam Service Medal (VSM), Marksman Marksmanship Qualification Badge with (M-1) Rifle Bar, and Marksman Marksmanship Qualification Badge with (.45 Caliber) Pistol Bar.  Item 24c (Foreign and/or Sea Service) shows he served 4 months and 20 days in the U.S. Army Pacific (USARPAC).

8.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  He has no record of nonjudicial punishment (NJP) or court-martial conviction.  

9.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the 545th Military Police Company received the following unit awards during the applicant's period of service in Vietnam:

* Presidential Unit Citation (PUC) by Department of the Army General Orders (DAGO) Number 40, dated 1967
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation by DAGO Number 43, dated 1970

11.  Department of the Army Pamphlet 672-3 also lists the campaign periods for the Vietnam era.  Two designated campaigns coincide with the applicant's period of service. 

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

   a.  A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  

	b.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 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.  

	c.  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.  Award of marksmanship badges is not permanent.  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.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows his qualification with the M-1 Rifle was for familiarization while he was in a training status.  As such, this entry should be removed from his DD Form 214. 

2.  His record contains orders showing he qualified as a marksman with the M-14 Rifle.  As such, he is entitled to add this badge to his DD Form 214. 

3.  He has not provided sufficient evidence and his record does not contain any orders showing his qualification with the M-16 Rifle, M-60 Machine Gun, or the M-69 Recoilless Rifle.  As such, he is not entitled to addition of these badges to his DD Form 214. 

4.  His record shows he served 4 months and 22 days of foreign service.  Therefore, he is entitled to correction of his DD Form 214 to reflect this.

5.  The evidence of record confirms he served honorably during the period 
13 January 1964 through 10 January 1966.  He received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

6.  He also served a qualifying period of service for award of the NDSM and to have this award added to his DD Form 214. 

7.  His unit was awarded the PUC and RVN Gallantry Cross with Palm Unit Citation during his tour in Vietnam.  He is entitled to have these unit awards added to his DD Form 214. 

8.  The applicant was awarded the VSM.  His records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to add two bronze service stars for wear on his already-awarded VSM and correction of his 
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:

   a.  awarding him the AGCM (1st Award) for the period 13 January 1964 through 10 January 1966;

      b.  deleting the VSM and Marksman Marksmanship Qualification Badge with (M-1) Rifle Bar from his DD Form 214; 

	c.  deleting 4 months and 20 days of foreign service from his DD Form 214 and replacing it with 4 months and 22 days; and 

d.  adding the following to his DD Form 214:

* Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar 
* AGCM (1st Award)
* NDSM
* PUC
* RVN Gallantry Cross with Palm Unit Citation 
* VSM with two bronze service stars

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 marksmanship 





qualification badges for the M-16 Rifle, M-60 Machine Gun, or M-69 Recoilless Rifle. 



      ____________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)                                         AR20140003857





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ABCMR Record of Proceedings (cont)                                         AR20140003857



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