IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120003480
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states a discrepancy exists between the entries on his DA Form 20 (Enlisted Qualification Record) and his DA Form 24 (Service Record). The DA Form 20 shows he qualified as a sharpshooter with the M-14 rifle. The DA Form 24 shows he only qualified as a marksman. He wants his DD Form 214 to show the higher qualification.
3. The applicant provides copies of:
* DA Form 20
* DA Form 24 (page 3)
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. On 29 December 1960, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 716.00 (Personnel Administration Specialist).
3. The applicant's DA Form 24, as filed in his service records, shows in Section 9 (Medals, Decorations, and Citations) an entry stating: "MM (M-14 Rifle)." The authority for this entry is shown as "Par 1, SO 23 Hq 97th ENGR BN 12 Feb 63." It also indicates that the badge was presented in France on 7 November 1962.
4. The applicant's DA Form 20, as filed in his service records, shows an entry in item 28 (Qualification in Arms) indicating that he qualified on 7 November 1962 as a sharpshooter with the M-14 rifle with a score of 203.
5. Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.
a. 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.
b. 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 applicant contends that he qualified as a sharpshooter and his DD Form 214 should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge.
2. The evidence of record is contradictory and inconclusive. The special orders referred to on the DA Form 24 are not available to verify the accuracy of the entry. Furthermore, the qualifications standards that were in use for this particular qualification course are no longer available. Consequently, the accuracy of the entry on the applicant's DA Form 20 showing his score of 203 cannot be determined.
3. Unfortunately, in view of the above the applicant's request should be denied.
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) AR20120003480
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120003480
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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