BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090003026
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he qualified as an expert with the M-16 Rifle.
2. The applicant states that, during basic training, only four members of his platoon qualified as expert with the M-16 Rifle.
3. The applicant provides a copy of his DD Form 214 to support his request.
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 enlisted and entered active duty, on 1 August 1979. He completed training as an artillery fire direction specialist. He was stationed in Hawaii for 3 years and then briefly at Ford Ord, California.
3. At the expiration of his term of service, on 29 July 1983, he was released from active duty in pay grade E-5 and transferred to the U.S. Army Reserve. His DD Form 214 lists his authorized awards as the Army Service Ribbon, Good Conduct Medal, Noncommissioned Officer Professional Development Ribbon with numeral 2, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Grenade Bar.
4. There are no orders awarding marksmanship badges in his available records. Block 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record-Part II) shows he qualified as a marksman with the M-16 Rifle and as an expert with the hand grenade.
5. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth 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.
6. Marksmanship qualifications are essentially temporary. A Soldier is authorized to wear the badge indicating the most recent qualification. Individuals who qualified at one level in basic training and later qualified at another level would wear and their records would reflect only that later qualifications.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that, during basic training, only four members of his platoon qualified as expert with the M-16 Rifle.
2. Unfortunately, there are no available orders to show he qualified for the Expert Marksmanship Qualification Badge with Rifle Bar.
3. 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. The applicant has failed to submit evidence that would satisfy this requirement.
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.
_______ _ ___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.
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