IN THE CASE OF:	  

		BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110013730 


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 rank/grade as specialist (SPC)/E-4 and to show he was awarded the Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.

2.  He states his DD Form 214 has two errors.

3.  He provides:

* his DD Form 214
* a DA Form 4874 (Certificate of Promotion)
* an Army/Air Force Leave and Earnings Statement
* a DA Form 3595-R (Record Fire Scorecard)

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 for a period of 2 years and 23 weeks on 16 January 1990.  He was accepted for enlistment in pay grade private/E-2.  

3.  His record includes a DA Form 4187-E (Personnel Action) showing he was advanced to SPC/E-4 with a waiver effective 17 January 1992.

4.  On 22 June 1992, he signed a:

* DA Form 1811 (Physical Data and Aptitude Test Scores upon Release from Active Duty) that shows his grade as private first class (PFC)
* DA Form 664 (Service Member's Statement Concerning Compensation from the Veterans Administration) on which he entered his grade as E-4

5.  His DA Form 2-1 (Personnel Qualification Record) shows in item 33 (Date) it was reviewed on 18 June 1992 and shows his signature in item 34 (Signature). 

   a.  Item 9 (Awards, Decorations & Campaigns) shows, in part, he was authorized the Sharpshooter Marksmanship Qualification Badge on 28 February 1990 based on his score with the M-16 rifle and the Expert Marksmanship Qualification Badge on 2 March 1990 based on his score with grenades.

   b.  Item 18 (Appointments and Reductions) shows only his date of rank for private/E-2.

6.  He was honorably released from active duty by reason of expiration term of service on 22 June 1992.  The DD Form 214 issued at the time shows in:

* item 4a (Grade, Rate, or Rank) – "PFC"
* item 4b (Pay Grade) – "E3"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), in part, he was authorized the "Expert Marksmanship Badge Grenade" and "Sharpshooter Marksmanship Badge Rifle, M-16" 
* item 21 (Signature of Member Being Separated) – his signature

7.  He provides:

* a DA Form 4874 showing he was promoted to SPC on 17 January 1992
* an Army/Air Force Leave and Earnings Statement for the period 1 to 31 May 1992 showing his grade was E-4

8.  He provides a DA Form 3595-R signed by a Range Noncommissioned Officer in Charge (NCOIC) on 1 March 1991 that shows he qualified as an expert.  

9.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a Soldier could be advanced to SPC/E-4 with 26 months' time in service (TIS) and 6 months' time in grade (TIG).  Within certain limitations, commanders were authorized to advance Soldiers to SPC/E-4 with a waiver of the 26 month TIS and 6 month TIG requirements.

10.  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.  

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.

12.  Field Manual 23-9 (M-16A1 Rifle and Rifle Marksmanship), in effect at the time, prescribed DA Form 3595-R as the Record Fire Scorecard for the M-16 rifle.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was advanced to SPC/E-4 with a waiver of TIS requirements.  There is no evidence showing he was reduced after he was advanced.  It appears the office that prepared his DD Form 214 did not have documentation verifying his advancement to SPC/E-4 and entered his rank/grade as PFC/E-3.  It is unclear why he signed the DD Form 214 knowing it was incorrect; however, it would be appropriate to correct the rank and grade shown on his DD Form 214 at this time.

2.  He provides a properly completed DA Form 3595-R showing his most recent qualification score with the M-16 was "expert."  Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

   a.  deleting the entries in items 4a and 4b of his DD Form 214;

   b.  adding "SPC" to item 4a;

   c.  adding "E4" to item 4b

   d.  deleting "Sharpshooter Marksmanship Badge Rifle, M-16" from item 13; and

   e.  adding "Expert Marksmanship Badge with Rifle Bar" to item 13.



      _______ _   _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)                                         AR20110013730





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ABCMR Record of Proceedings (cont)                                         AR20110013730



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