IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120021151
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 all of his marksmanship qualification badges.
2. The applicant states he qualified with more weapons than the M-16 rifle.
3. The applicant provides a copy of 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 enlisted in the Regular Army on 20 June 1975 for a period of 3 years. He completed his training and was awarded military occupational specialty 19E (armor crewman). On 19 June 1978, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar as an authorized award.
4. There are no orders showing he received any marksmanship qualification badges. However, item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he qualified as:
* Sharpshooter with the M-60 machine gun
* Marksman with the M-16 rifle
DISCUSSION AND CONCLUSIONS:
The entry in item 9 of the applicant's DA Form 2-1 which shows he qualified as Sharpshooter with the M-60 machine gun is accepted as sufficient evidence on which to base adding the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) to his DD Form 214.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) to his DD Form 214.
_____________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) AR20120021151
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ABCMR Record of Proceedings (cont) AR20120021151
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