IN THE CASE OF:
BOARD DATE: 8 March 2011
DOCKET NUMBER: AR20100018728
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 reconsideration of his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).
2. The applicant states, in effect, that his record is in error because his DD Form 214 does not show these qualification badges. He further states he only recently found the supporting documentation, previously missing from his record, which supports entitlement to these badges.
3. The applicant provides a DA Form 2475 (Personnel Data Card) and a DA Form 1315 (Reenlistment Data Card).
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. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20050008074 on 2 February 2006.
3. The applicant provides DA Forms 2475 and 1315, which were not previously considered by the Board; therefore, this new evidence will now be considered by the Board.
4. His records show he enlisted in the Regular Army, for a period of 3 years, on 20 December 1963. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained while serving on active duty was specialist 5/E-5.
5. On 14 December 1966, he was honorably separated from active duty, under the provisions of Army Regulation 635-200 (Enlisted Separations), at the expiration of his term of service. His DD Form 214 shows he completed 2 years, 11 months, and 25 days of net active service during this period of active duty, including 1 year and 16 days of foreign service.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Army Good Conduct Medal.
7. A DD Form 215 (Correction to DD Form 214, Certificate or Release or Discharge from Active Duty), dated 2 June 2006, amended item 26 of his DD Form 214, dated 14 December 1966, by adding the Korea Defense Service Medal.
8. He provides a DA Form 2475, which shows he qualified with three separate weapons systems: marksman with the M14 rifle; expert with the M-60 machine gun; and marksman with the M-14 modified [automatic rifle].
9. There is no documentation in the available record, nor has he provided any documentation, indicating he qualified with the .45 caliber pistol.
10. Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification should be shown as: Expert Marksmanship Qualification Badge with Rifle Bar.
DISCUSSION AND CONCLUSIONS:
1. Although his record does not contain a copy of the orders awarding him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), it is apparent from the entry on his DA Form 2475 that he qualified with the weapon. As such, it would be appropriate to accept the entry on his DA Form 2475 as confirmation of his qualification as an Expert with the M-60 machine gun and to correct his DD Form 214 accordingly.
2. His record is void of any evidence to show he qualified with the .45 caliber pistol; therefore, he is not entitled to correction of his DD Form 214 to show award of the Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber).
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 amendment of the ABCMR's decision in Docket Number AR20050008074, dated 2 February 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 26 of his DD Form 214 to add the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).
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 correcting his DD Form 214 to show award of the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).
_______ _ 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) AR20100015543
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018728
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