IN THE CASE OF:
BOARD DATE: 4 August 2009
DOCKET NUMBER: AR20090005384
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 qualification with the .50 caliber machine gun, the M-79 grenade launcher, the
M-69 flamethrower, the bazooka (rocket launcher), and the .45 caliber pistol.
2. The applicant states he would be proud to wear all of his badges.
3. The applicant provides no additional evidence in support of 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. Records available to the Board indicate the applicant was inducted into the Army of the United States and entered active duty on 23 April 1965. While undergoing training he qualified as a sharpshooter with the M-16 automatic rifle and as a marksman with the M-14 rifle. His records confirm award of the appropriate badges associated with those two weapons. There is no indication he qualified with any other weapons while undergoing training.
3. Following completion of training, the applicant was assigned to an infantry unit in Vietnam where he was awarded, among other awards, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksmanship Qualification Badge with Rifle Bar (M-14). There is no indication that he qualified with any additional weapons while in Vietnam.
4. In December 1966 the applicant was reassigned to Fort Campbell, Kentucky, and on 21 April 1967 was released from active duty with an honorable characterization of service.
5. A basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, 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. The only weapons for which component bars are authorized are in table 82 of Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia). Basic marksmanship qualification badges are awarded to U.S. military and civilian personnel and to foreign military personnel who qualify as prescribed. Any commander in the rank or position of lieutenant colonel or higher may make awards to members of the Armed Forces of the United States.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence, and the applicant has not provided any, which confirms that he qualified with any weapons beyond the M-14 rifle and the M-16 automatic rifle. In the absence of such evidence there is no basis to add any additional marksmanship qualification badges to his records.
2. 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.
3. In view of the foregoing, there is no basis for granting the applicant's request.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20090005384
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090005384
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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