IN THE CASE OF:
BOARD DATE: 19 FEBRUARY 2009
DOCKET NUMBER: AR20080011735
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar.
2. The applicant essentially states that he does not know why the Expert Marksmanship Qualification Badge with Rifle Bar is not listed on his DD Form 214.
3. The applicant provides his DD Form 214 in support of this application.
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 majority of the applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the majority of the applicant's records were lost or destroyed in that fire. However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.
3. The available records show that the applicant entered active duty as a member of the Army Reserve on 9 August 1956. His DD Form 214 also shows that he served in military occupational specialty 911.20 (Medical Specialist), and that he had 1 year, 2 months, and 23 days of foreign and/or sea service, which appears to have been served with the 130th Station Hospital in Heidelberg, Germany. On 15 August 1958, he was honorably released from active duty and returned to the Army Reserve to complete his remaining service obligation. The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Good Conduct Medal.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. There are also no orders in the available records awarding him the Expert Marksmanship Qualification Badge with Rifle Bar.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that U.S. Army basic marksmanship qualification badges are awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. At the time, awards of marksmanship qualification badges were announced in official orders.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar.
2. While the sincerity of the applicant's claim that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar is not questioned, there is no evidence in the available records, and the applicant failed to provide any evidence which shows that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. Regrettably, in view of the foregoing, there is insufficient basis for granting relief to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X______ __X______ __X______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States. The applicant and all Americans should be justifiably proud of his honorable service in arms.
_______ _XXX _______ ___
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) AR20080011735
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ABCMR Record of Proceedings (cont) AR20080011735
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