IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007155
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, in effect, the Expert Marksmanship Qualification Badge with Grenade Bar be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* although he went through the training and was told the medal would be placed on his record the instructor never followed through with his paperwork
* he believes he earned the medal and that it should be reflected on his
DD Form 214
3. The applicant provides no documentary evidence.
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 Regular Army on 21 July 1970 for a period of
3 years. He completed his training and was awarded military occupational specialty 76M (Ammunition Records Clerk). He served in Vietnam from
29 December 1970 to 28 December 1971. On 24 January 1972, he was released from active duty to join an Army National Guard unit.
3. His DD Form 214 does not show the Expert Marksmanship Qualification Badge with Grenade Bar as an authorized award.
4. There are no orders for the Expert Marksmanship Qualification Badge with Grenade Bar in the available records.
5. There is no evidence of record which shows he qualified expert with the hand grenade.
6. 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:
There is no evidence of record and the applicant did not provide any evidence that shows he qualified for or received the Expert Marksmanship Qualification Badge with Grenade Bar. Therefore, there is insufficient evidence on which to add this marksmanship qualification badge 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 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) AR20120007155
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ABCMR Record of Proceedings (cont) AR20120007155
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