IN THE CASE OF:
BOARD DATE: 5 August 2008
DOCKET NUMBER: AR20080003323
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his records be corrected by adding the Expert Marksmanship Qualification Badge to his records.
2. The applicant states, in effect, that he received a letter from the Commander of Battery C, 515th Field Artillery Battalion, 101st Airborne Division, that commended him for scoring 203 points out of a total 210. He states it is an achievement rightfully earned.
3. The applicant provides a copy of Headquarters Division Artillery,
101st Airborne Division Special Orders Number 9, dated 10 December 1948; a letter from the Commander of Headquarters Division Artillery, 101st Airborne Division, dated 20 January 1949; and a letter from his elected representative, dated 14 January 2008.
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's military personnel record shows he enlisted in the Regular Army on 29 October 1948. He completed the necessary training and was awarded the military occupational specialty (MOS) 0187 (Repeaterman).
3. He served continuously on active duty until he was honorably discharged on 27 January 1950. He completed 1 year, 2 months, and 29 days of Net Service Completed for Pay Purposes This Period.
4. Item 27 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "None."
5. Special Orders Number 9, dated 10 December 1948 shows that the applicant qualified on 9 December 1948 with "Rifle Cal. 30 M1" with a score of 203 that signified Expert Marksmanship Qualification.
6. Item 32 (Qualifications in Arms) of his WD AGO Form 20 (Soldier's Qualification Card) also shows that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M1).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected by adding the Expert Marksmanship Qualification Badge.
2. Special Orders Number 9, dated 10 December 1948 and Item 32 of his WD AGO Form 20 shows that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M1). Therefore, he is entitled to correction of his records to show the Expert Marksmanship Qualification Badge with Rifle Bar (M1) in Item 27 of his DD Form 214.
BOARD VOTE:
___X____ ___X____ ___X___ 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 showing the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) in Item 27 of his DD Form 214.
_________X______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080003323
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ABCMR Record of Proceedings (cont) AR20080003323
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