IN THE CASE OF:
BOARD DATE: 25 August 2009
DOCKET NUMBER: AR20090006113
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 records to show he is a high school graduate and to show he qualified with the M-60 Machinegun, the M-72 Light Anti-tank Weapon, and the M-203 Grenade Launcher.
2. The applicant states he is a high school graduate but his recruiter lost his high school diploma. He adds that he trained and qualified with the weapons but did not receive medals or ribbons for qualifying.
3. The applicant provides a Secondary School Record-Transcript in support of this application.
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 in the Regular Army on 7 September 1983 and upon completion of initial entry training was awarded military occupational specialty 11B (Infantryman). He was released from active duty on 7 March 1984.
3. Item 16 (High School Graduate or Equivalent) of the applicant's DD Form 214 indicates the applicant was not a high school graduate at the time of his separation from active duty.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle), and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar as authorized awards.
5. There are no orders in the applicant's records which show he was awarded the Marksmanship Badge with Machinegun Bar.
6. Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show the Marksmanship Badge with Machinegun Bar as an authorized award.
7. The applicant provided a Secondary School Record-Transcript which shows the passing mark was 65 percent and that based on 8 semesters, the applicant was ranked 272 in a class of approximately 650 with an average of 73.91 percent.
8. 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. Table 8-2 of this regulation shows the only weapons for which component bars are authorized. This table does not show the M-72 Light Anti-tank Weapon or the
M-203 Grenade Launcher as weapons for which component bars are authorized.
9. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been carefully reviewed and found to have partial merit.
2. The Secondary School Record-Transcript provided by the applicant indicates that based on 8 semesters, he was ranked 272 out of 650 with an average of 73.91 percent. The passing mark was 65 percent. It appears the applicant completed his high school education; therefore, item 16 of his DD Form 214 should be amended to reflect he was a high school graduate or equivalent at the time of separation from active duty.
3. There is no evidence available showing the applicant was awarded a Marksmanship Badge with Machinegun Bar. Additionally, pertinent regulation does not show the M-72 Light Anti-tank Weapon or the M-203 Grenade Launcher as weapons for which component bars are authorized. As a result, his request to have his record corrected to show he qualified with these weapons is denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X__ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 16 of his DD Form 214 to show he was a high school graduate.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the applicant's request that he be awarded a Marksmanship Badge with Machinegun, M-72 Light Anti-tank Weapon, and M-203 Grenade Launcher Bars.
___________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) AR20090006113
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090006113
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