IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120002435
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 (Report of Separation from the Armed Forces of the United States) to show his marksmanship qualification badge.
2. The applicant states he never received the badge.
3. The applicant provides:
* DD Form 214
* Special Orders Number 130
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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicants DD Form 214 shows he entered active duty in the rank of private/E-1 in Buffalo, NY, on 28 May 1952. This form also shows at the time of his separation he held military occupational specialty 4405 (Clerk Typist) and his most significant duty assignment was Headquarters Detachment, 1202nd Army Service Unit.
4. He completed 2 years of creditable active service. He was honorably separated at Fort Hamilton, NY, on 27 May 1954 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation. His DD Form 214 shows the National Defense Service Medal.
5. Special Orders Number 130, issued by Headquarters, 11th Infantry Regiment, 5th Infantry Division, Fort Indiantown Gap, PA, on 29 July 1952, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (30 Caliber).
DISCUSSION AND CONCLUSIONS:
Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (30 Caliber) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.
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 adding to his DD Form 214 the Expert Marksmanship Qualification Badge with Rifle Bar (30 Caliber).
_______ _ 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) AR20120002435
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ABCMR Record of Proceedings (cont) AR20120002435
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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