RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 December 2007
DOCKET NUMBER: AR20070009770
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. Eloise C. Prendergast
Member
Mr. James R. Hastie
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the awards to which he is entitled.
2. The applicant states he was required to qualify on the firing range. His DD Form 214 does not show that he qualified.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army on 17 November 1953.
3. Section 9 (Medals, Decorations, and Citations) of the applicants DA Form 24 (Service Record) shows only that he was awarded the National Defense Service Medal.
4. The applicants files contain a document that is partially burned but most likely his DA Form 20 (Soldier Qualification Record) which contains eight entries in the section Qualification in Arms. The type of weapon is not identifiable; however, seven of those entries were familiarization courses for which no entries under the Qualified subsection are listed and one of those entries was a B course for which the entry under the Qualified subsection indicated the applicant was unqualified.
5. The applicant was honorably released from active duty on 17 September 1954 due to hardship. His DD Form 214 shows he was awarded the National Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and the applicant provides none to show he was awarded an award other than the National Defense Service Medal. His records show he familiarized with a number of weapons; however, they do not show that he qualified with any weapon.
2. There is insufficient evidence on which to grant the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__lds___ __ecp___ __jrh___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__Linda D. Simmons____
CHAIRPERSON
INDEX
CASE ID
AR20070009770
SUFFIX
RECON
DATE BOARDED
20071204
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
107.00
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6.
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