IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100029305 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add any and all medals he and his unit were awarded for service in Germany.  He specifically requests to be awarded a "machine gun badge." [Interpreted to mean a marksmanship qualification badge for the machine gun.]

2.  The applicant states his awards were "left off" of his DD Form 214 upon leaving Germany and the Army.

3.  The applicant provides:

* DD Form 214
* National Personnel Record Center letter dated 23 March 2007
* DD Form 47 (Record of Induction)
* Acknowledgement of Service Obligation
* Discharge from the U.S. Army Reserve
* DA Form 3054 (Election of Amount, Beneficiary Designation and Settlement Options for Servicemen's Group Life Insurance)
* Special Orders Number 174
* DA Form 20 (Enlisted Qualification Record)





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 on 24 September 1965.  He completed training as a light weapons infantryman.  He arrived in Germany on 3 April 1966 and was assigned to Company A, 1st Battalion, 15th Infantry.

3.  On 3 September 1967, the applicant departed Germany en-route to the U.S.  He was released from active duty on 6 September 1967 as an overseas returnee.  The DD Form 214 he received shows the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  Army Regulation 635-5 (Separation Documents) governs preparation of the DD Form 214.  This regulation provides that item 24 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. 

5.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  There is no evidence in the available records nor has the applicant submitted any evidence showing that he qualified with the machine gun for award of a marksmanship badge.

3.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20100029305



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ABCMR Record of Proceedings (cont)                                         AR20100029305



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