BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140005206 


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) to show award of the:

* Bronze Star Medal (BSM)
* Army Good Conduct Medal (AGCM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Hand Grenade Bar
* Overseas Service Ribbon (OSR)
* Army Reserve Components Achievement Medal (ARCAM)

2.  The applicant states:

* he earned these awards
* he wants to update his DD Form 214 to show all awards and ribbons he earned

3.  The applicant provides a copy of 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 enlisted in the Regular Army on 20 February 1969 for 2 years.  He completed his training and was awarded military occupational specialty 55B (ammunition specialist).  He served in Vietnam from 8 January 1970 to 3 December 1970.  He participated in three campaigns during his assignment in Vietnam.

3.  Headquarters, U.S. Army Support Command, Saigon, General Orders Number 1304, dated 4 September 1970, show he was awarded the BSM.

4.  On 3 December 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

5.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

6.  There are no orders for the AGCM in the available records.

7.  His DA Form 20 (Enlisted Qualification Record) is not available for review.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he qualified as Marksman with the M-14 rifle.

8.  There is no evidence of record which shows he qualified as Expert with the 
M-16 rifle or as Marksman with the hand grenade.

9.  He was subsequently honorably discharged from the USAR on 21 January 1980.

10.  There is no evidence which shows he had an Active Army status on or after 1 August 1981.

11.  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 the 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

12.  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.

13.  Army Regulation 600-8-22 states the OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The regulation states the ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

14.  Army Regulation 600-8-22 states the ARCAM is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer's service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

16.  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 preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the BSM.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  His contention he earned the AGCM was noted.  However, since the governing awards regulation stated the enlisted person must have had all "excellent" conduct and efficiency ratings and his DA Form 20 is not available (the part of his records that would show his conduct and efficiency ratings), it cannot be determined whether he qualified for award of the AGCM.  Therefore, there is insufficient evidence on which to base award of the AGCM in this case.

3.  There is no evidence of record and the applicant provided no evidence which shows he qualified as Expert with the M-16 rifle or as Marksman with the hand grenade.  Therefore, there is insufficient evidence on which to base adding the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) or Marksman Marksmanship Qualification Badge with Hand Grenade Bar to his DD Form 214.

4.  The entry on his DA Form 2-1 which shows he qualified as Marksman with the M-14 rifle is accepted as sufficient evidence on which to base adding the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214.

5.  Army Regulation 600-8-22 allows for the retroactive award of the OSR; however, it stipulates that the ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981, provided they had an Active Army status on or after 1 August 1981.  Since he did not have an Active Army status on or after 1 August 1981, there is no basis for adding the OSR to his DD Form 214.

6.  The DD Form 214 is a "snapshot in time"; it is a reflection of active duty service at the time of release from active duty.  Since he served in the USAR after his release from active duty, there is no basis for amending his DD Form 214 to show awards he may have received for his service in the USAR, such as the ARCAM.

7.  He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show these service stars.

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 award of the BSM, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and three bronze service stars with his already-awarded Vietnam Service Medal to his DD Form 214.

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 adding award of the AGCM, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Hand Grenade Bar, OSR, or ARCAM to his DD Form 214.



      ___________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)                                         AR20140005206



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ABCMR Record of Proceedings (cont)                                         AR20140005206



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