IN THE CASE OF:
BOARD DATE: 10 November 2009
DOCKET NUMBER: AR20090010151
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 DD Form 214 (Report of Separation from Active Duty) for the period ending 13 August 1975 to show award of the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber), award of the Cold War Recognition Certificate which he refers to as the Cold War Medal, and any other awards that he may be entitled to.
2. The applicant states that he believes that he should have received more medals than what is listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 in support of his 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 has requested award of the Cold War Recognition Certificate. The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, it is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (NDAA), the Secretary of Defense approved award of the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. Records show the applicant enlisted in the Regular Army (RA) on 23 October 1973. He was credited with 1 year, 9 months, and 21 days of total active service at the time he was honorably discharged on 13 August 1975.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the award of the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). There are no other awards listed on this form.
5. The applicants DA Form 2-1 (Personnel Qualification Record), item 9 (Awards, Decorations and Campaigns), shows the National Defense Service Medal and the Marksmanship Qualification Badge with Rifle Bar (M-16). Additionally, there are no documents in the applicants records that show he qualified as a sharpshooter with the .45 caliber pistol.
6. There are no orders in the applicant's available records that show he received any other awards or decorations during his military service.
7. 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. Additionally,
the regulation states the qualification should be shown as: Expert Marksmanship
Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar. Permanent Orders are not required for award of the marksmanship badges; however, marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form by the approval authority.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence and the applicant has not provided any to show that he qualified as a sharpshooter with the .45 caliber pistol. Likewise, there is no documentation to show that the applicant is entitled to any additional awards. Therefore, in absence of documentation to support his claim, there is no basis to correct his DD Form 214.
2. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that 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.
ABCMR Record of Proceedings (cont) AR20090010151
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ABCMR Record of Proceedings (cont) AR20090010151
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