RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2007
DOCKET NUMBER: AR20070012898
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
Ms. Rene R. Parker
Analyst
The following members, a quorum, were present:
Ms. Barbara Ellis
Chairperson
Mr. Jose Martinez
Member
Mr. Chester Damian
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, award of the Expert Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states that he tied the companys rifle record and earned the high marksman award while at Fort Knox, Kentucky. He maintains that the award originally appeared on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) but mysteriously disappeared.
3. The applicant provides a copy of his DD Form 214 and discharge certificate.
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 applicants record shows that he enlisted in the United States Army Reserve (USAR) on 9 February 1966 and was ordered to active duty for training on 31 January 1967. He was honorably released to the USAR on 31 June 1967.
3. Headquarters, US Army Training Center, Fort Knox, Special Orders Number 83, dated 24 March 1967, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar for scoring 76 with the M14 rifle.
DISCUSSION AND CONCLUSIONS:
Headquarters, US Army Training Center, Fort Knox, Special Orders Number 83, dated 24 March 1967, verifies that the applicant is entitled to correction of his records to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.
BOARD VOTE:
___BE __ ___JM___ __CD___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.
______Barbara Ellis________
CHAIRPERSON
INDEX
CASE ID
AR20070012898
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071108
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.00
2.
3.
4.
5.
6.
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