IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100019043
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, award of the Overseas Service Ribbon (OSR) and unspecified marksmanship qualification badges with Anti-aircraft (AA) Artillery, Machinegun, and Bayonet bars.
2. The applicant states he is missing these items.
3. The applicant provides:
* DD Form 214 (Report of Transfer or Discharge)
* Letter, dated 4 February 2010, from the National Personnel Records Center in St. Louis, MO
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 was inducted into the Army of the United States on 1 March 1971. He served as a field artillery crewman in Germany from 7 April 1972 to
27 November 1972. On 30 November 1972, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 does not show the OSR or marksmanship qualification badge with AA Artillery, Machinegun, or Bayonet bars.
4. There are no orders for the marksmanship qualification badge with AA Artillery, Machinegun, or Bayonet bars in the available records.
5. Item 29 (Qualification in Arms) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he qualified with the AA Artillery, Machinegun, or Bayonet.
6. Army Regulation 600-8-22 (Military Awards) states the OSR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. Since he did not have an Active Army status on or after 1 August 1981, there is no basis for granting his request for the OSR.
2. There is no evidence of record and the applicant did not provide any evidence which shows he received the marksmanship qualification badge with AA Artillery, Machinegun, or Bayonet bars. Therefore, there is insufficient evidence on which to add these marksmanship qualification badges to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20100019043
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