IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110003785 


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 (Certificate of Release or Discharge from Active Duty) to show his marksmanship badges.

2.  The applicant states he qualified with the pistol and machine gun but the badges are not shown on his DD Form 214.  He also contends he was awarded the German Schutzenschnur Marksmanship Badge which is not shown on his
DD Form 214.

3.  The applicant provides:

* a DA Form 88 (Combat Pistol Qualification Course Scorecard)
* a German Certificate authorizing him to wear the German Schutzenschnur Marksmanship Badge in bronze, dated 13 June 1992
* 1st endorsement, subject:  Foreign Award, dated 14 July 1992, authorizing him to accept and wear the German Marksmanship Badge

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 applicant enlisted in the Regular Army on 25 June 1990.  He completed his initial training and he was awarded military occupational specialty 19D (Cavalry Scout).

3.  On 11 October 1990, the applicant departed Fort Knox, KY, for duty in Germany.

	a.  On 30 October 1990, he was assigned to Troop B, 3rd Squadron,
4th Cavalry Regiment.

	b.  DA Form 88, dated 12 October 1991, as provided by the applicant, indicates he qualified expert with the pistol.

	c.  Permanent Order Number 38-22, issued by Headquarters, 3rd Squadron, 4th Cavalry Regiment, dated 19 November 1991, awarded the applicant the Army Achievement Medal for his gunnery performance at Wildflecken Training Area in Germany.

	d.  A German certificate indicates he qualified for wear of the German Schutzenschnur Marksmanship Badge in bronze.

	e.  On 14 June 1992, he was given permission to accept and wear this foreign marksmanship qualification badge.

	f.  Permanent Orders Number 16-05, issued by Headquarters, 3rd Squadron, 4th Cavalry Regiment, dated 26 August 1992, awarded the applicant the Army Achievement Medal for meritorious achievement during the period 28 October 1990 to 17 October 1992.

4.  On 17 October 1992, the applicant departed Germany en route to Fort Hood, Texas for his next assignment with Troop B, 1st Squadron, 7th Cavalry Regiment.

5.  On 15 June 1993, the applicant was discharged from active duty.  He completed 2 years, 11 months, and 15 days of creditable active duty service.


6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle 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.  

8.  Army Regulation 600-8-22 states commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation.  Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant qualified as an expert with the pistol.  Therefore, he is entitled to the Expert Marksmanship Qualification Badge with Pistol Bar and correction of his DD Form 214 to show this badge.

2.  There is no evidence of record and the applicant did not provide any evidence showing he qualified with the machine gun.  Therefore, there is no basis for granting this portion of his request.

3.  Orders show the applicant was awarded two awards of the Army Achievement Medal during his period of service.  Therefore, his DD Form 214 should be corrected to show two awards of the Army Achievement Medal.


4.  The evidence shows the applicant was qualified to wear the German Schutzenschnur Marksmanship Badge in Bronze by the German Army.  He was subsequently authorized to accept and wear this foreign award by the appropriate U.S. Army authority.  Therefore, he is entitled to correction of his
DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 13 of his DD Form 214 the Army Achievement Medal, and

	b.  adding to item 13 of his DD Form 214 the:

* Army Achievement Medal (2nd Award)
* Expert Marksmanship Qualification Badge with Pistol Bar
* German Schutzenschnur Marksmanship Badge in Bronze

2.  The Board further determined that 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 award of a marksmanship qualification badge for qualifying with the machine gun.



      _______ _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)                                         AR20110003785



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003785



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1