IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100014162 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the following:

* 82nd Airborne Noncommissioned Officer Academy (NCOA)
* letter of appreciation, dated 28 July 1961 
* Expert Marksmanship Qualification Badge - Carbine and Pistol
* Sharpshooter Marksmanship Qualification Badge - Submachine Gun
* Marksman Marksmanship Qualification Badge - Rifle (M-1)

2.  The applicant states he wants his record to be accurate.

3.  The applicant provides a copy of his DD Form 214, effective 23 February 1962; a letter of appreciation, dated 28 July 1961; a Fort Bragg NCOA Certificate of Achievement, dated 9 October 1959; and a Fort Bragg NCOA memorandum, dated 15 October 1959.

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 military personnel records show he enlisted in the Regular Army on 29 December 1958 for a period of 3 years.

3.  His DA Form 20 (Enlisted Qualification Record) shows the following in item 27 (Qualification in Arms):

* Rifle (M-1), Marksman, 26 February 1959
* Carbine, Expert, 2 November 1961
* Submachine Gun, Familiarization, 2 November 1961
* Pistol (.45 Caliber), Familiarization, 2 November 1961

4.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) shows the following:

* Marksman, Rifle, Headquarters, 4th Training Regiment, 3 March 1959
* Expert (Carbine), Special Orders Number 203, Headquarters, 508th Military Police Battalion, 25 November 1960
* Sharpshooter, Pistol (.45 Caliber), Special Orders Number 203, Headquarters, 508th Military Police Battalion, 25 November 1960
* Army Good Conduct Medal (1st Award)

5.  There is no entry for qualification with a submachine gun found in item 9 of his DA Form 24.

6.  He provided a Fort Bragg NCOA Certificate of Achievement and a memorandum from the same organization, subject:  Graduation of Officer Candidate School Applicants.  These documents show he successfully completed the NCOA Class Number 1-P [leadership] on 9 October 1959.  He also provided a letter of appreciation from Troop 21, Boy Scouts of America, Munich, Germany.

7.  On 23 February 1962, he was honorably released from active duty and transferred to the U.S. Army Reserve (Control Group).  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Good Conduct Medal.  Item 28 (Service Schools or Colleges, College Training Courses and/or Post Graduate Courses Successfully Completed) shows he completed the Military Police Course at the Provost Marshal General School.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It provided for entries in:

	a.  item 26 - decorations awarded or authorized from section 9 of the DA Form 24 and

	b.  item 28 - the completion of service schools, including dates and major courses.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show completion of the NCOA Course and additional marksmanship qualification badges for the carbine, pistol, M-1 rifle, and submachine gun.

2.  Although his record reflects conflicting information regarding his weapons qualification, proper authority awarded him the Expert Marksmanship Qualification Badge (Carbine), Sharpshooter Marksmanship Qualification Badge (Pistol), and Marksman Marksmanship Qualification Badge (Rifle) as verified by item 9 of his service record.  His DD Form 214 should be corrected to show these marksmanship qualifications badges.

3.  The evidence of record shows he fired the submachine gun for familiarization.  Familiarization alone does not qualify for award of a marksmanship qualification badge.  Therefore, his request to show he earned a Sharpshooter Marksmanship Qualification Badge with Submachine Gun Bar should be denied.

4.  He provides a Certificate of Achievement and memorandum from the Fort Bragg NCOA showing he completed the NCOA Course on 9 October 1959.  These documents are sufficient evidence to support his contention; therefore, his DD Form 214 should be corrected to show he completed the NCOA Course.

5.  Army Regulation 635-5 does not authorize entries of letters of appreciation on the DD Form 214.  Therefore, the applicant's request to show such a letter on his DD Form 214 should be denied.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 following to his DD Form 214:

* item 26 - Expert Marksmanship Qualification Badge with Carbine Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and Marksmanship Qualification Badge with Rifle Bar; and 
* item 28 - NCOA Course, October 1959, Leadership

2.  The Board further determined 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 adding the letter of appreciation, dated 28 July 1961; Expert Marksmanship Qualification Badge with Pistol Bar; or Sharpshooter Marksmanship Qualification Badge with Submachine Gun Bar to his DD Form 214.



      _______ _ 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)                                         AR20100014162



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ABCMR Record of Proceedings (cont)                                         AR20100014162



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