IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160002736 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160002736 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160002736 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 his marksmanship badge(s), military schools/courses, and training. 2. The applicant states: * during advanced individual training (AIT), he also trained with the 106mm recoilless rifle; during the February and March 1969 timeframe, he sent information to the wrong people * others went to the M-60 machinegun range and a handful went to 11H (Heavy Anti-Armor Weapons Infantryman) training, then back to the group again * he even called an office at Fort Gordon, GA, regarding light and heavy infantry AIT; they told him training records do not go that far back * he used the recoilless rifle as a harassment weapon in Vietnam because an area was booby trapped; the enemy took everything back to rear and went back to the mountains * he also had some demolition training as well as experience arming/disarming different mines; he also used TNT to blow a 7-foot tree straight up to clear some growth where enemy sniper fire was located * his main issue is that he did not get his military schooling and training; he completed AIT around February/March 1969 and then went to jump school 3. The applicant provides a DD Form 215 (Correction to 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 14 October 1968. 3. On the same day, Armed Forces Examining and Entrance Station, Des Moines, IA, published Special Orders number 201 assigning him to Fort Polk, LA for Airborne training. 4. His DA Form 20 (Enlisted Qualification Record), which would have listed his assignments and training, is not available for review with this case. 5. He was honorably discharged on 14 January 1970 for immediate reenlistment. His DD Form 214 for this period of service shows in: * item 12 (Last Duty Assignment and Major Command), Company C, 3rd Battalion, 503rd Infantry, 173rd Airborne Brigade * item 23a (Specialty Number & Title), military occupational specialty (MOS) 11B2P (Light Weapons Infantryman with Airborne Identifier) * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Parachute Badge, Vietnam Service Medal, Combat Infantryman Badge, Vietnam Campaign Medal, and overseas service bars * item 25 (Education and Training Completed), ATP 21-114 (Army Training Program was the 8-week basic combat training cycle given to all newly inducted or enlisted Soldiers); Code of Conduct; Basic Airborne; Republic of Vietnam Training; and CBR (Chemical, Biological, and Radiological) Training 6. He reenlisted in the Regular Army on 15 January 1970 at Phu Tai, Vietnam. His DD Form 4 for this period shows he reenlisted for Army Career Group Number 70 (Clerical). 7. He was honorably released from active duty on 28 April 1972 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligations. His DD Form 214 for this period of service shows in: * item 23a, MOS 71B30 (Clerk Typist) * Item 24, the National Defense Service Medal, Good Conduct Medal (1st Award), Vietnam Campaign Medal with 1960 Device, Army Commendation Medal, and Vietnam Service Medal * Item 25, None 8. On 12 March 2013, he petitioned this Board (AR20130005213) for correction of his DD Form 214 to show all his medals as well as his 11H MOS. 9. On 26 November 2013, the Board denied the portion of his request that pertained to MOS 11H as there was no evidence he completed training in this MOS. However, the Board granted him relief with respect to additional medals. 10. On 11 March 2014, he was issued a DD Form 215 that deleted the Vietnam Service Medal from his DD Form 214 and added the following awards: * Army Commendation Medal (3rd Award) * Vietnam Service Medal with one silver service star and three bronze service stars * of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Meritorious Unit Commendation (2nd Award) * Republic Infantryman Badge * Parachutist Badge REFERENCES: 1. 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. a. Examples: Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. b. 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. c. 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 the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance on the preparation of the DD Form 214. The instructions for item 25 stated to enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214. For enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, off-duty courses the enlisted person had successfully completed. DISCUSSION: 1. With respect to the marksmanship badge(s), while it is reasonable to presume that during the Vietnam War, all Soldiers qualified with their assigned individual weapons, the applicant's service record is void of a firing record, special orders, disposition form, memorandum, or entry on a personnel record that shows he qualified with specific weapon systems or the degree of qualification. 2. With respect to his military schools/courses and training: a. The applicant's DA Form 20, which would have listed the military schools/courses he attended and training he completed during his periods of active duty service, is not available for review with this case. b. Item 25 of his DD Form 214 for the period ending 14 January 1970 credited him with ATP 21-114 (basic training), Code of Conduct training, Airborne training, and CBR training. However, item 25 of his DD Form 214 for the period ending 28 April 1972 does not credit him with the completion of any education or training. c. The available records are void of any evidence to support giving him credit for completion of additional military education or training. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002736 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002736 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2