RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           25 August 2005
      DOCKET NUMBER:  AR20040010999


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 26 (Decorations, Medals,
Badges, Commendations, Citations and Campaigns Ribbons Awarded or
Authorized) of his separation document (DD Form 214) be corrected to show
his entitlement to the Expert Marksmanship Qualification Badge; and that
his honorable discharge orders from the United States Army Reserve (USAR)
show he held the rank of private first class/E-3 (PFC/E-3).

2.  The applicant states, in effect, that his separation document
incorrectly shows that he earned the Sharpshooter Marksman Qualification
Badge and that his USAR discharge orders incorrectly show his rank as
private/E-2 (PV2).

3.  The applicant provides a copy of his DD Form 214 and USAR Discharge
Orders in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on
30 April 1970, the date of his discharge from the USAR.  The application
submitted in this case is dated 26 November 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records were not available to the Board for
review.  However, there were sufficient documents in the reconstructed
record to allow the Board to conduct a fair and impartial review of the
case.  This case is being considered using reconstructed records that
primarily consist of the applicant’s DD Form 214 and his USAR discharge
orders.
4.  The DD Form 214 shows that the applicant was inducted into the Army of
the United States on 7 May 1964.  He was trained in, awarded and served in
military occupational specialty (MOS) 120 (Pioneer).

5.  Item 3 (Grade, Rate, or Rank) of the applicant’s DD Form 214 contains
the entry "PFC/E-3 (P)" and Item 26 contains the entry “sharpshooter
(rifle)”, which indicates he earned the Sharpshooter Qualification Badge
with Rifle Bar during his tenure on active duty.  There are no orders or
other documents in the applicant's reconstructed record to show that he
earned the Expert Qualification Badge with Rifle Bar.  The applicant
authenticated the separation document with his signature in Item 34
(Signature of Person Being Transferred or Discharged).

6.  On 28 April 1965, the applicant was honorably released from active duty
and transferred to the USAR.  At the time, he had completed a total of 11
months and 22 days of active military service.

7.  The applicant provided a copy of United States Army Administration
Center, St. Louis Letter Orders, which directed his discharge from the USAR
on 30 April 1970.  These orders show that the applicant was honorably
discharged from the USAR Control Group (Annual Training), by reason of
"expiration term of service". They also indicate he held the rank of PV2 at
the time.

8.  There are no documents in the applicant's reconstructed record that
pertain to service in the USAR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to
show his entitlement to the Expert Marksmanship Qualification Badge and
that his USAR discharge orders should be corrected to show he held the rank
of PFC/E-3 were carefully considered.  However, there is insufficient
evidence to support these claim.

2.  The DD Form 214 issued to the applicant upon his separation from active
duty confirms the applicant held the rank of PFC/E-3 on the date he was
released from active duty (REFRAD), 28 April 1965.  However, the USAR
discharge orders provided by the applicant indicate he held the rank of PV2
on the date of his discharge from the USAR, 30 April 1970.




3.  The reconstructed record provides no documents related to the
applicant’s USAR service, or his record of promotions and/or reductions
while he served in the USAR.  Absent any evidence to corroborate the
applicant’s claim that the rank listed on the USAR discharge orders was in
error, therefore there is an insufficient evidentiary basis to support
granting this requested relief at this late date.

4.  The reconstructed record, to include the independent evidence provided
by the applicant, is void of orders, or other documents, indicating he
earned the Expert Qualification Badge with Rifle Bar during his active duty
tenure.  The DD Form 214 issued to the applicant on the date of his REFRAD,
25 April 1965, contains an entry showing he earned the Sharpshooter
Qualification Badge, and the applicant authenticated the DD Form 214 with
his signature.

5.  The applicant’s signature on the DD Form 214 he was issued upon his
separation was, in effect, his verification that the information it
contained, to include the Item 26 entry, was correct at the time the
separation document was prepared and issued.  Therefore, there is a
presumption of Government regularity attached to the DD Form 214.  Thus,
absent any documentary evidence confirming the applicant earned the Expert
Qualification Badge with Rifle Bar during his active duty tenure, there is
an insufficient evidentiary basis to add this award to his record at this
time.

6.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 April 1970, the date of his
discharge from the USAR.  Thus, the time for him to file a request for
correction of any error or injustice expired on 29 April 1973.  However, he
failed to file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse his failure to timely file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MKP_  __REB __  __LMB__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____Margaret K. Patterson___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010999                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/08/25                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1965/04/28                              |
|DISCHARGE AUTHORITY     |AR 635-207                              |
|DISCHARGE REASON        |Hardship                                |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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