IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100022242
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 correction of his DD Form 214 (Report of Separation from Active Duty) to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), as opposed to a Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
2. He states, in effect, when he initially obtained a copy of his DD Form 214 for the purpose of preparing his resume, the information was correct. However, after a 10-year to 20-year span, he noticed his Marksmanship Qualification Badge had changed. He believes the error may have occurred as a result of the change in the type of storage devices used by the Army.
3. He did not provide any additional documentation.
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. His military personnel record shows he enlisted in the Regular Army on 23 July 1975.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in
item 9 (Awards, Decorations and Campaigns), he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 8 October 1976 and the Sharpshooter Qualification Badge with Hand Grenade Bar.
4. Item 33 (Date Prepared/Reviewed) of his DA Form 2-1 shows that this form was prepared on 19 March 1976, and he reviewed it on 11 July 1978. Item 34 (Signature) of the same form shows he authenticated this form with his signature.
5. His record is void special orders awarding him the Expert Marksmanship Qualification Badge with Rife Bar (M-16), and he has not provided any evidence to show he obtained the qualification of Expert with his M-16 at any time during his military career.
6. On 13 July 1978, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) for the completion of his Reserve service obligation. He had completed a total of 2 years, 11 months, and 21 days of active service with no lost time. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Qualification Badge with Hand Grenade Bar.
7. Army Regulation 600-8-22 (Military Awards) 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 or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.
8. Award of marksmanship badges is not permanent. Paragraph 1-31c(11) states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.
9. Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training. The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons. This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.
DISCUSSION AND CONCLUSIONS:
His contentions have been noted; however, in the absence of evidence to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) subsequent to qualifying as a Marksman, this award should not be added to his DD Form 214. Therefore, he is not entitled to the requested relief.
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) AR20100022242
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ABCMR Record of Proceedings (cont) AR20100022242
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