RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 February 2007
DOCKET NUMBER: AR20060010923
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. Ted Kanamine
Chairperson
Mr. Larry Bergquist
Member
Ms. LaVerne Douglas
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Expert Marksmanship Qualification Badge with M-16 Rifle Bar instead of the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.
2. The applicant states, in effect, that his Record Firing Scorecard shows that he qualified as expert with the M-16 rifle.
3. The applicant provides a Record Firing Scorecard, dated 30 July 1988.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
5 July 1989. The application submitted in this case is dated 25 July 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 applicants failure to timely file.
3. The applicant enlisted on 20 April 1987 and trained as an infantryman. On
5 July 1989, he was honorably discharged by reason of physical disability with severance pay.
4. The applicants DD Form 214 shows the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar as an authorized award.
5. There are no orders in the applicants service personnel records which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. However, the applicant provided a Record Firing Scorecard, dated 30 July 1988, which shows he qualified expert with the M-16 rifle.
DISCUSSION AND CONCLUSIONS:
1. The Record Firing Scorecard provided by the applicant which shows that he qualified expert with the M-16 rifle is accepted as sufficient evidence on which to amend his DD Form 214 to show the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.
2. Records show the applicant should have discovered the alleged error now under consideration on 5 July 1989; therefore, the time for the applicant to file a request for correction of any error expired on 4 July 1992. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
TK_____ __LB____ __LD____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry, MARKSMAN BADGE WITH M16 RIFLE BAR in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and
b. adding the entry, Expert Marksmanship Qualification Badge with M-16 Rifle Bar in item 13 on his DD Form 214.
__Ted Kanamine________
CHAIRPERSON
INDEX
CASE ID
AR20060010923
SUFFIX
RECON
DATE BOARDED
20070227
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT FULL
REVIEW AUTHORITY
ISSUES 1.
107.0108
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