RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 JANUARY 2007
      DOCKET NUMBER:  AR20060007565


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. Michael Flynn                 |     |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 add his Expert Marksmanship
Qualification Badge with the M-16 Rifle and the Pistol bars.

2.  The applicant states that his DD Form 214 is missing his award of the
Expert Marksmanship Qualification Badge with the M-16 Rifle bar that he
earned in Basic Training at Fort Jackson, South Carolina.  He adds that he
qualified as an expert with the pistol at Fort Chaffee, Arkansas, and it is
also missing from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 June 1979.  The application submitted in this case is
dated        18 May 2006.

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.  Records show the applicant enlisted in the Army on 28 June 1975.  He
was credited with 3 years, 11 months, and 29 days of total active service
at the time he was honorably released from active duty on 26 June 1979.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
lists the award of the Army Good Conduct Medal.  There are no other awards
listed on this form.

5.  The applicant’s DA Form 2-1 (Personnel Qualification Record), item 9
(Awards, Decorations and Campaigns), shows “Rifle M-16” but the level of
qualification is not listed.  Additionally, there are no documents in the
applicant’s records that show he qualified as an expert with the M-16 or
the pistol.
6.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of basic marksmanship qualification badges.
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.  Additionally, the regulation states the
qualification should be shown as:  Expert Marksmanship Qualification Badge
with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic
Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any to show
that he qualified as an expert with the M-16 and the pistol.  Therefore, in
the absence of documentation to support his claim, there is no basis to
correct his DD Form 214.

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

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 June 1979; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           25 June 1982.  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

__RD ___  ___MT __  ___MF __  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 Dunbar_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007565                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070125                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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