IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20110021305
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 award of the Combat Infantryman Badge (CIB) and the Expert Marksmanship Qualification Badge with Machine Gun Bar.
2. The applicant states he is qualified for award of the CIB for his service in the demilitarized zone (DMZ) in the Republic of Korea (ROK) during the period April 1968 to April 1969. The applicant further states that the award of the Expert Marksmanship Qualification Badge with Machine Gun Bar is omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. With respect to the applicants request for award of the CIB. Effective
11 January 2007, the special requirements for award of the CIB for service in the ROK on the DMZ was rescinded. Army veterans and service members who served in ROK on or after 28 July 1953 and meet the criteria for award of the CIB may submit an application (to include supporting documentation) for award of the badge to Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. As a result, this issue will not be discussed further in these Proceedings.
3. The applicant had prior active duty service. On 1 October 1967, he was ordered to active duty training (ACDUTRA) from the U.S. Army Reserve.
4. The applicants service records do not contain orders awarding him the Expert Marksmanship Qualification Badge with Machine Gun Bar.
5. On 24 March 1969, the applicant was released from active duty and transferred to the USAR.
6. The applicants DD Form 214 does not show award of the Expert Marksmanship Qualification Badge with Machine Gun Bar.
7. Item 41 (Awards and Decorations) of the applicants DA Form 20 (Enlisted Qualification Record) does not show award of the Expert Marksmanship Qualification Badge with Machine Gun Bar.
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.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for the Expert Marksmanship Qualification Badge with Machine Gun Bar was carefully considered and it was determined there is insufficient evidence to support his request. There are no orders or evidence in the available records that show he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar. Based on the foregoing, there is no basis for granting the requested relief.
2. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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.
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