IN THE CASE OF:	  

		BOARD DATE:	        3 March 2009

		DOCKET NUMBER:  AR20080013552 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Expert Marksmanship Qualification Badge with Rifle Bar and the issuance of this badge.  

2.  The applicant states that the Army has no record of him receiving the Expert Marksmanship Qualification Badge with Rifle Bar at Fort Carson, CO, in December 1956 where he completed his 8 weeks of basic training.

3.  The applicant provides a self-authored letter, dated 28 July 2008; a copy of his DD Form 214, dated 15 October 1958; a copy of a letter, dated 16 April 2008, from the National Personnel Records Center (NPRC); and a copy of page 3 of his undated DA Form 24 (Service Record) in support of his 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 applicant’s 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 applicant’s 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 records show he enlisted in the Regular Army for a period of 2 years on 16 October 1956.  He completed basic combat training at Fort Carson, CO, and advanced individual training at Fort Leonard Wood, MO, and was awarded military occupational specialty (MOS) 121.10 (Combat Engineer).

3.  The applicant’s records further show that upon completion of MOS training, he was subsequently assigned to Headquarters and Services Company, 91st Engineer Battalion (Combat), Fort Belvoir, VA, in MOS 716.10 (Personnel Specialist).  He remained with this unit he was honorably separated and transferred to the U.S. Army Reserve Control Group on 15 October 1958.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded and Authorized) of the applicant’s DD Form 214 shows he was awarded the Good Conduct Medal.  Item 26 does not show award of the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  Section 9 (Medals, Decorations, and Citations) of the applicant’s DA Form 24, created on 16 October 1956 and covering the period from 16 October 1956 to 15 October 1958, shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar by authority of Special Orders Number 46 issued by Headquarters, 91st Engineer Battalion (Combat), on 20 June 1958.

6.  The applicant's records do not contain Special Orders awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  In his self-authored letter, dated 28 July 2008, the applicant states that he was awarded the Expert Badge with M-1 Rifle while in basic training at Fort Carson, CO, during the October-December 1957 [1956] time frame.  However, in the spring of 1957, while at Fort Leonard Wood, MO, his badge was on display in his open footlocker during a barracks inspection.  He was not in the barracks at the time of the inspection, but when he returned, his badge was missing.  He took no action at the time because he knew an investigation would not have returned his badge.  He concludes that he would like his children and grandchildren to see the medal he legitimately earned through his skill as a shooter.

8.  Army Regulation 600-8-22 (Military Awards), currently in effect, sets forth the requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  expert, sharpshooter, and marksman.  Chapter 8 of the current version of the regulation states, in pertinent part, that although permanent orders were published in the past to announce award of marksmanship badges, the regulation currently in effect states that orders are not required for award of the marksmanship badges and that approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form.

9.  Department of the Army Pamphlet (DA PAM) 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The PAM is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is entitled to wear.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Expert Marksmanship Qualification Badge with Rifle Bar and that he should be issued this badge.

2.  The applicant’s sincerity and his skill as a shooter are not in question.  However, there is no evidence and the applicant has provided none to show he was qualified as expert with his Rifle and/or was awarded the Expert Marksmanship Qualification Badge for this weapon.  Additionally, even if he qualified expert with the Rifle in 1956, his records show that he qualified as a sharpshooter at a later date.  By regulation, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is entitled to wear.  Therefore, there is no evidence upon which to base award of the Expert Marksmanship Qualification Badge with Rifle Bar.

3.  With respect to the issuance of replacement medals, requests for the issuance or replacement of military service medals, decorations, and awards should be directed to the specific branch of the military in which the veteran served.  However, for Air Force (including Army Air Corps) and Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  The applicant may contact the National Personnel Records Center at http://www.archives.gov/veterans/evetrecs/ or by mail at 9700 Page Avenue, St. Louis, MO  63132-5100.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  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.



															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)                                         AR20080013552



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ABCMR Record of Proceedings (cont)                                         AR20080013552



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