IN THE CASE OF:    

		BOARD DATE:  14 July 2015	  

		DOCKET NUMBER:  AR20140019034 


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:

* he served in Vietnam from 8 November 1968 to 12 September 1969
* he received a second award of the Bronze Star Medal
* he qualified with the M-16 rifle and, in effect, was awarded a marksmanship badge

2.  The applicant states:

* his Vietnam service dates are incorrect 
* his second award of the Bronze Star Medal is not indicated 
* his qualification with the M-16 rifle is not noted

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's request for correction of his DD Form 214 to show he served in Vietnam from 8 November 1968 to 12 September 1969 is acknowledged.  However, he was issued a DD Form 215 (Correction to DD Form 214) on 19 September 1980 which corrected item 30 (Remarks) to show his Vietnam dates as "8 Nov 68 - 12 Sep 69."  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 26 September 1966.  He served in Vietnam from 8 November 1968 to 12 September 1969.

4.  His DA Form 20 (Enlisted Qualification Record) is not present in his military personnel records.

5.  His service record does not include orders which show he was awarded a second award of the Bronze Star Medal or that he qualified with the M-16 rifle during this period of service.

6.  He was released from active duty on 13 September 1969.  On the following day, he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  

7.  His DD Form 214 shows, in part, he was awarded/authorized the Bronze Star Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  On 25 September 1972, he was discharged from the U.S. Army Reserve.  He enlisted in the USAR on 28 April 1980 and continued to serve in this component until he was discharged on 28 April 1992.

9.  His service record contains his DA Form 2-1 (Personnel Qualification Record - Part II) which shows in Item 9 (Awards, Decorations and Campaigns), one award of the Bronze Star Medal and his qualification as Expert with the M-16 rifle on 11 April 1987.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for any additional awards of the Bronze Star Medal pertaining to the applicant.
11.  Army Regulation 635-5 (Separation Documents) 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 establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time stated that all decorations, service medals, campaign credits, and badges awarded or authorized entered from section 9 of DA Form 20 will be entered in item 24 of the DD Form 214.

12.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the U.S. is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Bronze Star Medal.  

13.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded one award of the Bronze Star Medal and is recorded on his DD Form 214.  

2.  His service record is void of evidence and he has not provided any evidence which shows he was awarded a second award of the Bronze Star Medal.  In the absence of sufficient evidence, there is an insufficient basis for correcting his records to show a second award of the Bronze Star Medal.

3.  The evidence of record shows the applicant served in the Regular Army from 26 September 1966 through 13 September 1969.  His service record is void of evidence which shows he qualified with the M-16 rifle during this period of service.  Although his DA Form 2-1 shows he qualified as Expert with the M-16 rifle in April 1987, this is after his discharge date on 13 September 1969.  Therefore, he is not eligible for award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) to be entered on his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20140019034





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ABCMR Record of Proceedings (cont)                                         AR20140019034



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