IN THE CASE OF:
BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090011872
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, award of the Expert Marksmanship Qualification Badge with Pistol Bar.
2. The applicant states, in effect, that he was a medic and he qualified expert with the .45 caliber pistol in Germany from 1986 to 1989 but was never given the badge to wear.
3. The applicant provides no documentary evidence 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 enlisted in the Regular Army on 5 February 1986 for a period of 3 years. He served as a medical specialist in Germany from 7 July 1986 to
28 December 1988. On 4 February 1989, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows, among other awards, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar as authorized awards.
4. Item 9 (Awards, Decorations and Campaigns) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows that the applicant qualified sharpshooter with the M-16 rifle on 7 March 1986 and the hand grenade on 20 March 1986.
5. There are no orders for the Expert Marksmanship Qualification Badge with Pistol Bar in the available records.
6. 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.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he qualified expert with the pistol from 1986 to 1989 was noted. However, there is no evidence of record and the applicant did not provide any evidence which shows he received the Expert Marksmanship Qualification Badge with Pistol Bar. Therefore, there is insufficient evidence on which to award this marksmanship badge.
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) AR20090011872
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ABCMR Record of Proceedings (cont) AR20090011872
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