IN THE CASE OF:
BOARD DATE: 29 January 2009
DOCKET NUMBER: AR20080016728
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 that his records be corrected to reflect award of the Sniper Badge.
2. The applicant states he was a sniper and would like to receive his Sniper Badge for the duty he served.
3. The applicant provides documents showing completion of a sniper course in 1970 while in Vietnam and two travel documents from September and October 1970 permitting him to travel within Vietnam for the purpose of rezeroing his sniper weapon.
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. Records available to the Board indicate the applicant served on active duty as an enlisted Soldier between July 1968 and February 1971. He was trained as a light weapons infantryman and served in Vietnam between February 1970 and February 1971.
3. The applicants 1971 separation document shows award of a variety of awards and decorations including an Army Commendation Medal and Air Medal. In 2003, as a result of a request to this Board, his separation document was amended to add a Bronze Star Medal with V device and Combat Infantryman Badge, among other things.
4. Documents provided by the applicant indicate he completed a two week sniper course at Camp Radcliff, Vietnam in July 1970 and subsequently traveled on at least two other occasions to rezero his sniper weapon.
5. Army Regulation 600-8-22 (Military Awards) contains a listing of approved and authorized combat and special skill badges which are awarded to denote proficiency in performance of duties under hazardous conditions and circumstances of extraordinary hardship as well as special qualifications and successful completion of prescribed courses of training. The Sniper Badge is not among the listing of authorized or approved Army badges.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. In this particular case, although the applicant may have completed sniper training, there is no badge associated with that particular skill or training.
2. In view of the foregoing, there is no basis for granting the applicant's request
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) AR20080016728
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ABCMR Record of Proceedings (cont) AR20080016728
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