IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110002097
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 the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to Expert Marksmanship Qualification Badge with Rifle Bar. He also requests Expert Marksmanship Qualification Badges for the M249 SAW (squad automatic weapon), M60 machinegun, .50 caliber machinegun, and the M203 grenade launcher.
2. The applicant states his qualification badge for the M16 rifle should be expert instead of sharpshooter. The error was due to misplaced qualification paperwork over the period of his service. He was constantly qualified on the above weapons systems while he was in service.
3. The applicant provides his DD Form 214.
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. He enlisted in the Regular Army on 19 May 1987 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).
3. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded the:
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
4. There are no orders in his Military Personnel Records Jacket (MPRJ) awarding any marksmanship badges.
5. On 17 August 1989, he was discharged. He completed 2 years, 2 months, and 29 days of active service that was characterized as under honorable conditions. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
DISCUSSION AND CONCLUSIONS:
1. There are no orders in his MPRJ awarding him the Expert Marksmanship Qualification Badge with Rifle Bar. His DA Form 2-1 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, the entry on his DD Form 214 showing the Sharpshooter Marksmanship Qualification Badge with Rifle Bar is correct.
2. There are no entries on his DA Form 2-1 or any orders in his MPRJ showing he was awarded the Expert Marksmanship Qualification Badge for the M249 SAW, M60 machinegun, .50 caliber machinegun, or the M203 grenade launcher. Therefore, they should not be added 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) AR20110002097
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ABCMR Record of Proceedings (cont) AR20110002097
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