IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090017052 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed 2 years and 20 days instead of 1 year and 20 days of foreign service in Europe and the Expert instead of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states that he needs his record to be correct and/or complete.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 for the period ending 7 February 1966.

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.  The applicant's records show he enlisted in the Regular Army (RA) for a period of 3 years on 19 February 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).

3.  The applicant’s records also show that subsequent to completion of MOS training, he was reassigned to Fort Carson, CO, on or about 14 July 1963 and remained there until on or about 16 January 1964.

4.  The applicant's records further show he was reassigned to the U.S. Army, Europe (USAREUR) on or about 16 January 1964 and was assigned to Troop F, 2nd Armored Cavalry Regiment, Germany.  He departed Germany on or about 28 January 1966 and arrived in the United States on 29 January 1966.

5.  He was honorably released from active duty on 7 February 1966 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he completed 2 years, 11 months, and 19 days of creditable active service.  This form further shows the following entries:

	a.  Item 24c (Foreign and/or Sea Service) shows he completed 1 year and
20 days of foreign service.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14).

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on 24 November 1964.

7.  The applicant's records do not contain orders or other official documents that show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their 
retirement, discharge, or release from active duty.  Item 24c of the version in effect at the time, showed, for enlisted personnel, the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. USAREUR.

9.  Army Regulation 600-8-22 (Military Awards) provides for awards, decorations, and badges of Army personnel.  Chapter 8 of this regulation states that the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified [emphasis added] 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.  Orders were required during the applicant's period of service; however, they are no longer required for award of the marksmanship qualification badges.

10.  Award of marksmanship badges is not permanent.  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. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the correct period of foreign service and the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  With respect to the applicant's period of foreign service, the evidence of record shows that the applicant arrived in USAREUR on 16 January 1964 and departed on or around 29 January 1966.  He completed 2 years and 20 days of foreign service.  His DD Form 214 incorrectly listed his period of foreign service as 1 year and 20 days.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 2 years and 20 days of foreign service.

3.  With respect to the marksmanship badge, there is no evidence in the available record and the applicant did not provide any evidence that shows he 
qualified expert with his M-14 rifle and/or was awarded an expert marksmanship qualification badge.  In the absence of orders or any other documentary evidence such as a memorandum, letter, roster, or other locally devised form, showing the date he qualified expert, it must be presumed that his last class of qualification with the M-14 rifle was sharpshooter, which is correctly shown on his DD Form 214.

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 deleting from item 24c of his DD Form 214 the entry "1  0  20" and replacing it with the entry "2  0  20."

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 Expert Marksmanship Qualification Badge with Rifle Bar (M-14).



      ___________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)                                         AR20090017052



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ABCMR Record of Proceedings (cont)                                         AR20090017052



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