IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090017747
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of an Expert Marksmanship Qualification Badge and a unit commendation medal.
2. The applicant states he qualified "Expert" with the M14 and while assigned to the 7th Infantry Division in Korea the organization received a unit commendation.
3. The applicant provides a copy of his DD Form 214 and a photograph of himself in military uniform wearing his awards and badges.
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. A review of the applicant's record shows he was inducted into the Army of the United States on 13 November 1967.
3. The applicant served in Korea from 13 April 1968 through 16 June 1969. During this period he was assigned to D Battery, 6th Battalion, 80th Artillery, 7th Infantry Division, Korea.
4. Item 2 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he received a marksman qualification with the M14 rifle on
6 December 1968. In addition, the record contains subsequent orders awarding the applicant a Marksman Marksmanship Qualification Badge with Rifle Bar on 3 February 1969.
5. The applicant was released from active duty on 17 June 1969 after completing 1 year, 7 months, and 5 days of active military service.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant was assigned to a unit which was awarded the Republic of Korea Presidential Unit Citation (ROKPUC) for the period 17 September 1950 through 27 March 1971 by Department of the Army General Order Number 50, dated 1971.
7. Army Regulation 600-8-22 (Military Awards) 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:
1. The applicant's request that his DD Form 214 be corrected to show the award of an expert marksmanship qualification badge and unit commendation medal is partially supported by the evidence; however, relief is appropriate only in regard to the unit commendation.
2. There is sufficient evidence in this case to show he served in the 7th Infantry Division during the period prescribed by the award and is entitled to correction of his DD Form 214 to award the Republic of Korea Presidential Unit Citation.
3. The applicant's record contains orders awarding him a Marksman Marksmanship Qualification Badge. However, there is no evidence to show he qualified as an expert in any weapon.
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 adding the Republic of Korea Presidential Unit Citation to his DD Form 214.
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 award of an Expert Marksmanship Qualification Badge.
_______ _ 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) AR20090017747
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