IN THE CASE OF:
BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20110022097
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) for the period ending 11 October 1984 to show award of the Expert Marksmanship Qualification Badges for qualification with all tank weapons, 105 millimeter (howitzer), M-60D machinegun, and .50 caliber machinegun, and any other service awards to which he is entitled.
2. He states he served as a gunnery instructor for Company C, he was a top gun, and he worked every crew position. He also stated he qualified with the maximum score on all gunnery tables and also served as a platoon sergeant. He further states he served in the United States, Canadian, and United Kingdom armies and qualified on literally dozens of weapons.
3. He provides his DD Form 214 for the period ending 11 October 1984.
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. The applicant enlisted in the Nevada Army National Guard (NVARNG) on 30 May 1979. He was ordered to active duty for initial active duty training (IADT) on 19 October 1979.
3. On 15 February 1980, he was honorably released from IADT and he was returned to the control of his NVARNG unit. The DD Form 214 he was issued at the time shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
4. He was ordered to active duty in an Active Guard Reserve (AGR) status on
9 May 1983.
5. On 11 October 1984, he was honorably released from AGR status by reason of completion of period of active duty and he was transferred back to the control of his NVARNG unit. The DD Form 214 he was issued for this period of service shows award of the:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* NVARNG Service Ribbon
* State Medal of Merit
* Army Reserve Components Achievement Medal
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Expert Marksmanship Qualification Badge with Grenade Bar
6. His record contains a DA Form 2-1 (Personnel Qualification Record Part II), prepared on 30 May 1979 and last reviewed by the applicant on 17 August 1984. This form indicates the applicant was awarded the:
* Expert Marksmanship Qualification Badge with Grenade Bar on 25 November 1979
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) on 2 December 1983
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on
3 December 1983
7. His service record does not indicate he qualified as expert with tank weapons, a 105 millimeter (howitzer), the M-60D machinegun, or the .50 caliber machinegun.
8. He was honorably discharged from the NVARNG on 29 May 1985.
9. His service record does not indicate he is entitled to any additional awards.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicants statements regarding his entitlement to additional Expert Marksmanship Qualification Badges are acknowledged. However, his service record is void of evidence and he has not provided any evidence to support his claim. The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Pistol Bar (.45 caliber), and Grenade Bar. These badges are properly recorded on his DD Form 214 for the period ending 11 October 1984.
2. His service record is void of orders that show he was awarded any additional Expert Marksmanship Qualification Badges for qualification with tank weapons, 105 millimeter (howitzer), M-60D machinegun, or the .50 caliber machinegun. There is no available evidence that shows he qualified with these weapons. His service record also does not indicate he is entitled to any additional awards.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20110022097
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ABCMR Record of Proceedings (cont) AR20110022097
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