IN THE CASE OF:
BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100016238
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, correction of his records to show all of his authorized awards and decorations.
2. The applicant states that his separation document does not show his Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request.
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 enlisted in the Regular Army for a period of 3 years on 1 April 1964. Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows the Parachutist Badge, Armed Forces Expeditionary Medal (Dominican Republic), Combat Infantryman Badge, National Defense Service Medal, and Second Class [Marksman] Marksmanship Qualification Badge with Machine Gun Bar (M-60) in item 41 (Awards and Decorations).
4. Headquarters, Fort Polk, Fort Polk, Louisiana, Special Orders Number 117, dated 19 May 1964, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
5. Headquarters, Fort Polk, Fort Polk, Louisiana, Special Orders Number 170, dated 23 July 1964, awarded the applicant the First Class [Sharpshooter] Marksmanship Qualification Badge with Machine Gun Bar (M-60).
6. Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, Special Orders Number 51, dated 4 March 1965, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
7. The applicant's DD Form 214 shows he entered active duty on 1 April 1964, was honorably released from active duty on 31 March 1967, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. He completed 3 years of net active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Parachutist Badge, Armed Forces Expeditionary Medal, Combat Infantryman Badge, and National Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show all of his authorized awards and decorations; in particular, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
2. Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60); however, the badges are not recorded on his separation document. Therefore, it would be appropriate to correct his DD Form 214 to show these qualification badges with the component bars.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Machine Gun Bar (M-60) to item 24 of 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) AR20100016238
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ABCMR Record of Proceedings (cont) AR20100016238
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