RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          1 November 2005
      DOCKET NUMBER:  AR20050004174


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 his DD Form 214 (Report of
Separation from Active Duty) be corrected to show the German
"Schutzenschnur" (a German Marksmanship Badge).  He also requests that
unspecified training courses be shown on his DD Form 214.

2.  The applicant states it seems that some things are missing from his DD
Form 214.  He contends that he received an award for shooting a German gun
and that he took some subcourses.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
9 December 1977.  The application submitted in this case is dated 7 March
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 limitation 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 enlisted on 27 December 1974 for a period of 3 years.  He
served as a combat engineer and was honorably discharged on 9 December
1977.

4.  The applicant's DD Form 214 shows the Expert Marksmanship Qualification
Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with
Hand Grenade Bar as authorized awards.  Item 27 (Remarks) on his DD Form
214 shows he completed the 7-week Combat Engineer Course in 1975.

5.  There is no evidence in the applicant's service personnel records which
shows he qualified for or was awarded the German Marksmanship Badge.

6.  Item 17 (Civilian Education and Military Schools) on the applicant's DA
Form 2-1 (Personnel Qualification Record) shows he completed the 7-week
Combat Engineer Course in 1975.

7.  Appendix D (Foreign Badges) of Army Regulation 600-8-22 (Military
Awards) shows the German Army Marksmanship Badge.  Paragraph 9-30(b) of
Army Regulation 600-8-22 states that commanders (overseas and continental
United States) serving in the rank of brigadier general or higher and
colonel level commanders who exercise general court-martial authority are
delegated authority to approve the acceptance, retention, and permanent
wear of foreign badges listed in Appendix D.  This authority may not be
further delegated.  The burden of proof rests on the individual Soldier to
produce valid justification (orders, citations, or other original copies of
the foreign elements which awarded them the badge).

8.  Army Regulation 635-5 establishes the standardized policy for preparing
and distributing the DD Form 214.  The regulation in effect at the time
provided, in pertinent part, that item 27 would list formal in-service
training courses successfully completed during this period of service;
e.g., medical and dental, electronics, supply, administration, personnel,
or heavy equipment operations.  This information was to assist in
employment placement and job counseling, so training courses for combat
skills would not be listed.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows that the applicant was
awarded or qualified for or authorized to accept the German Marksmanship
Badge.  Therefore, there is insufficient evidence on which to base adding
the German Marksmanship Badge to his DD Form 214.

2.  There is no evidence of record which shows the applicant completed any
formal in-service training courses, other than the Combat Engineer course,
while on active duty.  In addition, subcourses, since they are
correspondence courses and not formal training courses, would not be
entered on the DD Form 214 in any event.  Therefore, there is insufficient
evidence on which to base adding additional training courses to item 27 on
his DD Form 214.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 9 December 1977; therefore, the time for the
applicant to file a request for correction of any error expired on 8
December 1980.  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

JA_____  _TO_____  _CK_____  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.




            ___James Anderholm_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20020004174                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0108                                |
|2.                      |100.0700                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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