IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110023775 


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 add a marksmanship qualification badge for the recoilless rifle.

2.  The applicant states he was issued an "M-79 recoilless rifle" in Vietnam.  He qualified with this weapon and believes it should be shown on his DD Form 214.

3.  The applicant provides a copy of a Roster of Personnel to Man Bunkers in Condition(s) 1 and 2.

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 in February 1968, completed training as a stock control and accounting specialist, and served in Vietnam with a supply company from January 1969 to January 1970.

3.  His DA Form 20 (Enlisted Qualification Record) does not list any qualification with the M-79 in either item 29 (Qualification in Arms) or in item 41 (Awards and Decorations).

4.  There are no available orders showing qualification with the M-79 or a recoilless rifle.

5.  He was honorably released from active duty on 6 January 1970 at the completion of his required active duty service.  His DD Form 214 and DD Form 215 (Correction to DD Form 214) list his authorized awards as the National Defense Service Medal, two overseas service bars, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with four bronze service stars, Army Good Conduct Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The roster the applicant submits in support of his request shows he was assigned to man bunker number 3 with an M-79.

7.  Field Manual 23-31 (40-Millimeter Grenade Launchers – M-203 and M-79) describes the M-79 grenade launcher as a single-shot, break-open, breech-loading, shoulder-fired weapon.

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence to show the applicant qualified at any level with the M-79 or with a recoilless rifle.  Although considering that he provided evidence to show he was assigned an M-79 in Vietnam, he may well have undergone familiarization.

2.  There is no basis for granting the applicant's requested relief.



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 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)                                         AR20110023775



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ABCMR Record of Proceedings (cont)                                         AR20110023775



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