IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100022836 


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 that the records of his deceased father, a former service member (FSM), be corrected to reflect that he was awarded the Expert Marksmanship Qualification Badge with carbine bar. 

2.  The applicant states that the FSM's records incorrectly reflect that he was awarded the Marksman Marksmanship Qualification Badge with rifle bar when in fact it should be the Expert Marksmanship Qualification Badge with Carbine Bar.  He further states that his father’s picture shows the expert and marksman qualification badges and he believes that the sharpshooter badge was for qualification with the rifle.

3.  The applicant provides:

* A newspaper article regarding the FSM's death
* Two letters from the applicant explaining his application
* A letter from the National Personnel Records Center authorizing the issuance of medal sets to the FSM
* The FSM’s WD AGO Form 53-55 (Enlisted Records and Report of Separation – Honorable Discharge)
* The applicant’s birth certificate
* The FSM’s death certificate
* The FSM’s photograph depicting his marksmanship badges 



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 FSM's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States on 16 November 1943 and entered active duty at Fort Benjamin Harrison, Indiana on 7 December 1943.  He departed for the European Theater of Operations (ETO) on 
19 February 1945 and arrived in the ETO on 1 March 1945.

4.  He participated in the Rhineland Campaign and was awarded the Combat Infantryman Badge (CIB) in General Orders Number 11 issued by Headquarters, 342d Infantry Regiment on 21 April 1945.

5.  He departed the ETO on 8 June 1945 and he was transferred to Camp Luis Obispo, California where he remained until he was honorably discharged on 5 November 1945.  He had served 1 year, 11 months, and 20 days of active service of which 3 months and 29 days were served in the ETO.  

6.  His WD AGO Form 53-55 issued at the time of discharge shows he was awarded the CIB, Marksman Marksmanship Qualification Badge with M1 Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, American Service Medal, European-African-Middle Eastern Service Medal, Good Conduct Medal, and World War II Victory Medal.

7.  A review of the available evidence failed to show any orders for marksmanship awards other than those shown on the FSM's WD AGO 
Form 53-55.
8.  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.  

9.  (Examples:  Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.)

10.  Award of marksmanship badges is not permanent.  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.

11.  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:

1.  While the sincerity of the applicant's claim that the FSM was awarded the Expert Marksmanship Qualification Badge with Carbine Bar is not in doubt, the evidence is insufficient to show that he earned or maintained an expert qualification at the time of discharge.

2.  Although there is no evidence to show the FSM ever earned the “Expert” qualification, the available evidence, which is the FSM’s WD AGO Form 53-55, shows at the time of discharge, his highest marksmanship qualification was “Sharpshooter.”

3.  Therefore, in the absence of sufficient evidence to show the FSM was qualified as “Expert,” there appears to be no basis to grant the applicant’s request.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  While the Board regrets that a more favorable response could not be accomplished, it wishes to extend its deepest condolences to the applicant on the passing of his late father, and wants to thank the applicant for the sacrifices his father made in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his father's honorable service in arms.




      _______ _   __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)                                         AR20100022836



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ABCMR Record of Proceedings (cont)                                         AR20100022836



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