IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080015950
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 reconsideration of his earlier request for a Grenade Bar to be affixed to his already-awarded Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
2. The applicant states, in effect, that the badge was not listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States) due to an administrative oversight.
3. The applicant provides a self-authored letter, dated 25 September 2008, in support of his application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080007489, on 16 September 2008.
2. The applicant submitted a new argument in the form of a self-authored letter which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrant consideration by the Board.
3. The applicant's records show he enlisted in the Regular Army for a period of 3 years on 26 July 1973. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76Y (Unit Supply Specialist). He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 23 July 1976. The highest rank/grade he attained during his military service was specialist four/E-4.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Item 26 does not show award of the Expert Marksmanship Qualification Badge with Grenade Bar.
5. On 16 September 2008, the Army Board for Correction of Military Records (ABCMR) rendered a favorable decision regarding his award of the Good Conduct Medal, but found insufficient evidence to award him the Expert Marksmanship Qualification Badge with Grenade Bar.
6. In his self-authored letter, dated 25 September 2008, the applicant states that he disagrees with the ABCMRs decision for the following reasons:
a. No paperwork was submitted to the instructor when he went to the bunker. The instructor gave instructions and the Soldier threw the grenade. It was either a hit or a miss. The Soldier would keep throwing the grenade until the instructor was satisfied;
b. He satisfactorily completed the requirements regarding the hand grenade as shown on his Individual Training Record (CONARC Form 578) and his DA Form 20 (Enlisted Qualification Record), but neither form shows the level of qualification. His DA Form 2-1 (Personnel Qualification Record), Item 9 (Awards, Decorations, and Campaigns) shows the Grenade Bar was lined through. He believes this was an error or an oversight, similar to the oversight that occurred with the issuance of his Good Conduct Medal;
c. It is not his fault that someone forgot to record his level of qualification. He feels that he has provided sufficient evidence that outweighs the ABCMRs decision and as such, he should be awarded a Grenade Bar to be affixed to his already-awarded Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
7. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties. Marksmanship badges and tabs are 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 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. Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded a Grenade Bar to be affixed to his already-awarded Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
2. There are no available orders, letters, rosters, or other forms that show the applicant qualified as a marksman, sharpshooter, or expert with the hand grenade. Furthermore, the entries on the individual training record and enlisted qualification record do not show his level of qualification with the hand grenade. Therefore, there is insufficient evidence upon which to grant the applicant the requested relief.
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 to amend the decision of the ABCMR set forth in Docket Number AR20080007489, dated 16 September 2008.
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) AR20080015950
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ABCMR Record of Proceedings (cont) AR20080015950
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