IN THE CASE OF:	  

		BOARD DATE:	 11 October 2012 

		DOCKET NUMBER:  AR20120006894 


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 Active Duty) to show the following awards and recognition:

* Marksmanship Qualification Badges with Pistol (.45 caliber), Rifle (M-16), Machine Gun (M-60), Machine Gun (.50 caliber), Grenade Launcher 
(M-203), and Dragon Bars
* Cold War Certificate
* Distinguished Graduate of Noncommissioned Officer (NCO) School

2.  The applicant states it is important for his records to be correct.

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 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 requests award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  He may submit a request in writing to Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, Department 480, 1600 Spearhead Avenue, Fort Knox, KY  40122-5408.  Based on this information, the applicant's request for the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.

3.  The applicant's records show he enlisted in the Regular Army for 4 years on 13 February 1975.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Infantryman).

4. He also completed 1 week of training for additional skill identifier C2 (Dragon Gunner) and appears to have been awarded MOS 11D (Armor Reconnaissance Specialist).

5.  He served in Germany from on or about 8 July 1975 to on or about 19 March 1977.  He was assigned to the 2d Squadron, 2d Armored Cavalry Regiment.

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  No other weapon system or degree of qualification is listed in item 9.

7.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 lists training for the 11B and C2 training courses.  No other training courses are listed in item 17.

8.  His service records do not contain a certificate or diploma confirming completion of the NCO training course.  Likewise, his service records do not contain any documents in the form of unit/special/permanent orders, memoranda, disposition forms, rosters, or other documentation confirming his qualification in said weapon systems.

9.  He was honorably released from active duty on 10 August 1977 after completing 2 years, 5 months, and 28 days of active service.

* item 26 (Decorations, Medals, Badges, Commendations, Citations, and campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* item 27 (Remarks) of his DD Form 214 does not show any training courses

10.  Army Regulation 600-8-22 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.  For example, Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Award of marksmanship qualification badges is not permanent.  An award for a previous marksmanship 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.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  Item 26 lists all awards and decorations and item 27 lists formal courses completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), this badge is recorded on his DA Form 2-1 and is already listed on his DD Form 214.  There is no evidence he qualified higher than Marksman with this weapon.

2.  With respect to the other weapon systems, there is no evidence in his records and he did not provide any evidence in the form of orders, memoranda, endorsements, or rosters that show he qualified or the degree of qualification with the pistol, (.45 caliber), machine gun (M-60), machine gun (.50 caliber), grenade launcher (M-203), and/or Dragon.  Therefore, he is not entitled to any badges or bars associated with these weapon systems.

3.  With respect to the training, nothing in his records in the form of a diploma, certificate, memorandum, or orders shows he completed NCO training.  As such, there is insufficient evidence to add it to his DD Form 214.

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 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)                                         AR20120006894



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ABCMR Record of Proceedings (cont)                                         AR20120006894



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