IN THE CASE OF:	  

		BOARD DATE:	         17 September 2009

		DOCKET NUMBER:  AR20090004512 


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 military records to show award of the Presidential Unit Citation, Meritorious Unit Commendation, and the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.

2.  The applicant states, in effect, that he qualified as an expert with the M-14 rifle in May 1969 and that his unit received the Presidential Unit Citation and the Meritorious Unit Commendation.  He contends that these awards should be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides, in support of his application, copies of his DD Form 214, orders awarding him the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar, dated 5 May 1969; orders awarding him the Good Conduct Medal, dated 15 September 1970; a letter from the National Personnel Records Center (NPRC), dated 25 August 2008, with a copy of his personnel records; a photograph displaying his awards; a photograph of another Soldier's displaying his awards; and a 9-page history of the 66th Artillery Detachment. 

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.  On 25 September 1968, the applicant enlisted in the Regular Army (RFA) for 
2 years.  He completed his initial training and he was awarded military occupational specialty (MOS) 16B (Hercules Missile Crewman).

3.  On 10 February 1969, the applicant departed Fort Sill, OK for duty in U.S. Army, Europe (USAREUR).

4.  On 19 February 1969, the applicant was assigned for duty with the 66th U.S. Army Artillery Detachment.  He remained with this unit until his return to the United States on 17 September 1970.

5.  Special Orders Number 95, published by 5th U.S. Army Artillery Group, dated 
5 May 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.  He qualified on 11 April 1969 with a score of 33 on the "KD" [abbreviation unknown] course.

6.  Special Orders Number 43, published by 5th U.S. Army Artillery Group, dated 
4 March 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.  He qualified on 4 February 1970 with a score of 208 on the "MKD" [abbreviation unknown] course.

7.  On 18 September 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist four (SP4)/E-4, and he had completed 1 year, 11 months, and 
21 days of total creditable active service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Good Conduct Medal, National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.  It does not show any other entries.


9.  Army Regulation 600-8-22 (Military Awards), 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.  Paragraph 1-31c(11) states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.

10.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

12.  Army Regulation 600-8-22 states, in pertinent part, that the Meritorious Unit Commendation is awarded for outstanding wartime service of at least
6 continuous months.  Stateside units and those outside the area of operations are excluded.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Presidential Unit Citation, Meritorious Unit Commendation, and the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.

2.  The applicant’s sincerity and his skill as a shooter are not in question.  The evidence shows that the applicant qualified as expert with the M-14 rifle in April 1969 and he was appropriately awarded the Expert Marksmanship Qualification Badge for this weapon.  However, he subsequently qualified as a sharpshooter with this same weapon in February 1970.  By regulation, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is entitled to wear.  There is no available evidence showing 
that he improved his marksmanship qualification prior to his release from active duty.  Therefore, there is no basis for granting the applicant's requested relief on this issue.

3.  Records show that the applicant served with the 66th Artillery Detachment in USAREUR from 1968 to 1970.  There is no available evidence showing that his unit engaged in any action against a hostile force during this period that would have qualified the unit for award of a unit citation or commendation.  Therefore, there is no basis for granting the applicant's requested relief on these issues.

4.  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 the aforementioned requirement.

5.  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.



      _________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.

ABCMR Record of Proceedings (cont)                                         AR20090004512



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ABCMR Record of Proceedings (cont)                                         AR20090004512



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