RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      9 August 2007
      DOCKET NUMBER:  AR20060014015


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Ms. Rea M. Nuppenau               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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, an upgrade of his General, Under
Honorable Conditions Discharge to a medical discharge; a change of his RE
– 3 Code [Reenlistment Eligibility Code] to a more favorable code; a
reinstatement of his pay grade to E-3; and addition of the Expert
Marksmanship Qualification Badge for his qualification, in the degree of
"expert" with the M-16 Rifle, the M-60 Machinegun, and the LAW Grenade
Launcher.

2.  The applicant states, in effect, that he had an inability to maintain
due to medical reasons (i.e., asthma, a hearing loss, and failing
health).  He was hospitalized while he served in the Panama Canal Zone,
at Fort Clayton, Panama, and was called in front of a medical board for
evaluation.  He further states, a recommendation was made for his medical
discharge with a change in his military occupational specialty and his
assignment to light duties.

3.  He adds that he has been sick with service-connected injuries during
and after service and is currently 30% service-connected for these
injuries.

4.  In support of his request, the applicant provided nothing beyond his DD
Form 149, Application for Correction of Military Record.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel has remained silent and has also not provided any documentary
evidence in support of the applicant's request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error and
injustice which occurred on 3 March 1982.  The application submitted in
this case is dated 17 September 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.  The applicant's requests for an upgrade of his General, Under
Honorable Conditions Discharge to a medical discharge; a change of his RE
– 3 Code [Reenlistment Eligibility Code] to a more favorable code; and a
reinstatement of his pay grade to E-3 were addressed and reconsidered in
Dockets Number AC91-06013 and AC91-06013-A on 4 December 1991 and on 30
July 1996, respectively, and will not be again reconsidered and therefore,
will not be further mentioned in this Record of Proceedings.  The
applicant's new, remaining issues related to the award of marksmanship
qualification badges will be addressed by this Board.

4.  The applicant’s record shows he enlisted in the Army Reserve in the
Delayed Entry Program on 3 April 1974, enlisted in the Regular Army on 31
May 1974, and was honorably discharged on 3 July 1974.

5.  The evidence shows the applicant reenlisted in the Regular Army on
9 September 1975.  He completed basic combat training at Fort Knox,
Kentucky, and his advanced individual training at Fort Sill, Oklahoma.
After completing all required training, he was awarded the military
occupational specialty (MOS), 13B (Cannon Crewman).

6.  The applicant was discharged on 24 June 1977.  He was issued a general
discharge, with his service characterized as under honorable conditions.

7.  Item 26, (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, Report of
Separation from Active Duty, shows he was awarded the Expert Marksmanship
Qualification Badge, with Rifle Bar.  The Expert Marksmanship Qualification
Badge, with Machinegun Bar; and the Expert Marksmanship Qualification
Badge, with LAW Grenade Launcher Bar, are not shown.

8.  The evidence shows the applicant reenlisted in the Regular Army on
17 January 1980.  The applicant was discharged on 3 March 1982.  He was
issued a general discharge, with his service characterized as under
honorable conditions.

9.  Item 13, (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized)(All periods of service), of his DD Form 214,
Certificate of Release or Discharge from Active Duty, shows he was awarded
the Expert Marksmanship Qualification Badge, with Rifle Bar (M-16 Rifle);
the Army Service Ribbon; and the Overseas Service Ribbon.  The Expert
Marksmanship Qualification Badge, with Machinegun Bar; and the Expert
Marksmanship Qualification Badge, with LAW Grenade Launcher Bar, are not
shown.

10.  There are no entries in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Expert Marksmanship Qualification Badge, with Machinegun Bar;
and the Expert Marksmanship Qualification Badge, with LAW Grenade Launcher
Bar.

11.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), has no
entry to show he qualified with the M-60 Machinegun or with the LAW Grenade
Launcher.

12.  There is no entry in Item 9 (Awards, Decorations, and Campaigns), of
the applicant's DA Form 2-1, Personnel Qualification Record, Part II,
dated 14 July 1976, to show he was awarded any awards, to include
marksmanship qualification badges.  The Expert Marksmanship Qualification
Badge, with Machinegun Bar; and the Expert Marksmanship Qualification
Badge, with LAW Grenade Launcher Bar, are not shown on this DA Form 2-1.

13.  There is an entry in Item 9, of the applicant's DA Forms 2-1, dated
8 December 1975 and 18 January 1980, showing he was awarded the Expert
Marksmanship Qualification Badge, with Grenade Bar.  The Expert
Marksmanship Qualification Badge, with Machinegun Bar; and the Expert
Marksmanship Qualification Badge, with LAW Grenade Launcher Bar, are not
shown on these DA Forms 2-1.  These DA Forms 2-1 do show he was awarded
the Expert Marksmanship Qualification Badge, with Hand Grenade Bar, for
qualification with the hand grenade in November 1975 and on 23 February
1980.

14.  There are no orders in the applicant's military personnel records
awarding him the Expert Marksmanship Qualification Badge, with Machinegun
Bar; and the Expert Marksmanship Qualification Badge, with LAW Grenade
Launcher Bar.

15.  Army Regulation (AR) 635-5 prescribes the separation documents which
are prepared for individuals upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy or preparing and distributing DD Form 214.  The
regulation in effect at the time of the applicant's discharge states that
entries to be made in items 26 and 13, depending upon the edition of the DD
Form 214 being prepared, will be transposed from the Soldier's DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Rifle Bar.  This award is already shown on the applicant's DD Forms
214, with effective dates of 24 June 1977 and 3 March 1982; therefore, this
badge will not be discussed further in this Record of Proceedings.

2.  There is no evidence and the applicant has provided none to show he was
qualified with the M-60 Machinegun and with the LAW Grenade Launcher and
was awarded the Expert Marksmanship Qualification Badge for these weapons
systems.

3.  The evidence shows the applicant qualified with the hand grenade and
was awarded the Expert Marksmanship Qualification Badge, with Hand Grenade
Bar, for his qualification in November 1975 and on 23 February 1980.  He is
therefore entitled to have this marksmanship qualification badge added to
his DD Forms 214 with discharge dates of 24 June 1977 and 3 March 1982.

4.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 3 March 1982; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 2 March 1985.  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:

________  ________  ________  GRANT FULL RELIEF

__DJP __  __r_____  __JCR___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:  adding the Expert
Marksmanship Qualification Badge, with Hand Grenade Bar, to the applicant's
DD Forms 214, with dates of his discharge of 24 June 1977 and 3 March 1982.
2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the addition of the Expert Marksmanship Qualification Badge, with
Machinegun Bar (M-60 Machinegun); and the Expert Marksmanship Qualification
Badge, with LAW Grenade Launcher Bar, to his DD Forms 214.




                            ___Jeffrey C. Redmann_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014015                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070809                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0108                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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