RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050002819


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 correction of his records to show award of the
Expert Marksmanship Badge with Rifle Bar and the Expert Marksmanship Badge
with Pistol Bar.

2.  The applicant states in effect, that, his marksmanship badges are not
shown on his DD Form 214 (Report of Separation from the Armed Forces of the
United States).  He further states that his records were destroyed in St.
Louis, Missouri.

3.  The applicant provides a photograph and a letter from the National
Personnel Records Center (NPRC), dated 31 January 2005 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
8 June 1956.  The application submitted in this case is dated 9 February
2005.

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 are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  This case is
being considered using reconstructed records that primarily consist of the
separation documents provided by the applicant.

4.  The report of separation provided by the applicant shows he was
inducted into the Army and entered active duty 10 June 1954.  It further
shows that he
served with Headquarters Detachment, 3rd Infantry Division as a rifleman.
Item 24 (Foreign and Sea Service) shows he did not serve overseas.  Item 38
(Remarks) of the DD Form 214 shows that the applicant was released from
active military service and transferred to the USAR to complete his Reserve
obligation.

5.  The applicant’s discharge document further shows that he completed 1
year,
11 months and 29 days of creditable active service and he earned the
National Defense Service Medal, Army Good Conduct Medal, and the
Parachutist Badge.

6.  There are no other documents in the applicant’s available records which
show the applicant was awarded the Expert Marksmanship Bade with Rifle Bar
and Pistol Bar.  The applicant provided a picture of himself in uniform
which shows the applicant’s awards.

7.  The applicant provided a letter from the NPRC, dated 31 January 2005
which stated that his records had been destroyed in a 1973 fire at the
Center.  He was further advised that the documents he provided with his
inquiry contained more information than they were able to reconstruct and
that his entitlement to the Expert Badge with Rifle Bar could not be
verified.

8.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badge.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his record should be corrected to show
he was awarded the Expert Marksmanship Badge with Rifle Bar and Pistol Bar
was carefully considered.  However, there is insufficient evidence to
support his claim.

2.  The applicant provided a photograph in which he is shown wearing his
uniform.  However, the photograph alone is insufficient as a basis to grant
the requested awards.

3.  The veracity of the applicant’s claim that he earned the Expert
Marksmanship Badge with Rifle Bar and Pistol Bar is not in question.
However, without any corroborating evidence to show the applicant met the
qualifications for these awards, there is insufficient evidentiary basis to
support granting the requested relief.




4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 June 1956; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 7 June 1959.  The applicant did not 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
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RTD __  __JBG __  __SWF__  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.




                                  ____ Richard t. Dunbar_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002819                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |( DENY)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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