IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100008830
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 the entry "Distinguished Rifleman Badge" in Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 with a separation date of 25 July 2002 be changed to show "U.S. Army Excellence in Competition Badge, Bronze, Rifle."
2. The applicant states the entry should show "U.S. Army Excellence in Competition Badge, Bronze, Rifle." He states this award is one step below the Distinguished Rifleman Badge.
3. The applicant provides copies of:
* his DD Form 214 with a separation date of 25 July 2002
* Headquarters, U.S. Army Infantry Center, Fort Benning, GA Permanent Orders 247-58, dated 4 September 1998
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's military personnel records show he enlisted in the New York Army National Guard (NYARNG) on 1 February 1997. He had previously completed 2 years of Reserve Component service and 5 years and 5 months of active federal service.
3. Headquarters, U.S. Army Infantry Center, Fort Benning, GA Permanent Orders 247-58, dated 4 September 1998, awarded the applicant the U.S. Army Excellence in Competition Badge, Bronze, Rifle for service on 26 April 1997.
4. The applicant completed a period of active service from 26 October 2001 to
25 July 2002 in support of Operation Noble Eagle. He was released from active duty and returned to his NYARNG unit on 25 July 2002. Item 13 of his DD Form 214 with a separation date of 25 July 2002 shows he was awarded the Distinguished Rifleman Badge.
5. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) shows the precedence of marksmanship badges:
* Distinguished International Shooter Badge
* Distinguished Rifleman Badge
* Distinguished Pistol Shot Badge
* National Trophy Match Badge.
* Interservice Competition Badge.
* U.S. Army Excellence in Competition Rifleman Badge
* U.S. Army Excellence in Competition Pistol Shot Badge
* Marksmanship Qualification Badges (Expert, Sharpshooter and Marksman)
6. Army Regulation 635-5 (Separation Documents) states decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered in Item 13 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the entry "Distinguished Rifleman Badge" in Item 13 of his DD Form 214 with a separation date of 25 July 2002 should show the "U.S. Army Excellence in Competition Badge, Bronze, Rifle."
2. The orders provided by the applicant show he was awarded the U.S. Army Excellence in Competition Badge, Bronze, Rifle for service on 26 April 1997.
3. Under the provisions of Army Regulation 635-5 an award received in 1997 should be included on a DD Form 214 with a separation date of 25 July 2002.
4. Therefore, it would be appropriate to amend the applicant's DD Form 214 to show he was awarded the U.S. Army Excellence in Competition Badge, Bronze, Rifle and delete the entry "Distinguished Rifleman Badge."
BOARD VOTE:
____X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his DD Form 214 with a separation date of 25 July 2002 by:
* deleting the Distinguished Rifleman Badge
* adding the U.S. Army Excellence in Competition Badge, Bronze, Rifle
_______ _ __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) AR20100008830
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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