IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110009517 


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: 

* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Missile (Dragon) Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Overseas Service Ribbon
* Completion of the Basic Airborne Course
* Completion of the M-72 Dragon Course

2.  The applicant states his DD Form 214 is inaccurate and requires correction. He completed infantry and airborne training at Fort Benning, GA, and an overseas tour in Alaska.

3.  The applicant did not provide any evidence.

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's records show he enlisted in the Regular Army on 26 January 1988.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Infantryman).  He attended airborne training at Fort Benning, GA, from 27 May to on or about 11 July 1988 but he did not graduate.  

3.  He served at Fort Richardson, AK, for a period of 11 months and 1 day from 12 July 1988 to on or about 12 June 1989.  He was not credited with completion of an overseas tour.

4.  Item 9 (Awards and Decorations) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded the Army Service Ribbon.  It also shows he qualified sharpshooter with the M-16 rifle on 23 February 1988, expert with the grenade on 7 March 1988, and expert with the Dragon weapon system on 25 March 1988.

5.  He was honorably released from active duty on 12 June 1989.  His DD Form 214 shows he completed 1 year, 6 months, and 12 days of creditable active service.   This form also shows in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* item 14 (Military Education) - the entry "None"

6.  There is no other indication in his records (orders, memorandum, endorsement, disposition form, or weapon qualification score sheet) that shows he qualified expert with the M-16 rifle.

7.  Army Regulation 600-8-22 (Military Awards) states and/or sets forth: 

	a.  The 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 (e.g., Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, etc.).  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.

	b.  The Overseas Service Ribbon may be awarded to those personnel who were credited with a normal overseas tour completion.  Normal tour credit for Fort Richardson, AK, requires completion of 24 months without dependents and 36 months with dependents. 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states item 14 shows formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant qualified sharpshooter with the M-16 rifle on 23 February 1988, expert with the grenade on 7 March 1988, and expert with the Dragon weapon system on 25 March 1099.  The Sharpshooter Marksmanship Qualification Badge with Rifle Bar is listed on his DD Form 214; however, the Expert Marksmanship Qualification Badge with Missile Bar and Expert Marksmanship Qualification Badge with Grenade Bar are not listed.  He should be entitled to correction of his DD Form 214 to show both badges.

2.  There is no evidence in his records and he did not provide any evidence that shows he qualified expert with the M-16 rifle.  In the absence of orders, a memorandum, an endorsement, a disposition form, or a weapon qualification score sheet that shows he qualified expert with the M-16 rifle, there is insufficient evidence to add this badge to his DD Form 214.

3.  He completed basic combat and advanced individual training and he was awarded an MOS.  He qualified for award of the Army Service Ribbon and he should be entitled to correction of his DD Form 214 to show this sward.

4.  He attended the Basic Airborne Course in May 1988; however, he did not graduate.  Only courses successfully completed during the period covered by the DD Form 214 - minus combat skills courses - are shown in item 14.  He does not qualify to have the Basic Airborne Course or the Dragon Gunner training entered on his DD Form 214.
5.  He served at Fort Richardson, AK, for a period of 11 months and 1 day from 12 July 1988 to on or about 12 June 1989.  He was not credited with completion of an overseas tour.  He does not qualify for award of the Overseas Service Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to item 13 of his DD Form 214 the:

* Expert Marksmanship Qualification Badge with Missile Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Service Ribbon

2.  The Board further determined 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 the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Overseas Service Ribbon
* Completion of the Basic Airborne Course
* Completion of the M-72 Dragon Course



      _______ _   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)                                         AR20110009517





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ABCMR Record of Proceedings (cont)                                         AR20110009517



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