IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130001679
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 Marksman or Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
2. He states all Soldiers had to qualify with an M-14 Rifle as either Marksman or Expert prior to advanced individual training (AIT).
3. He provides no additional documents.
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 was inducted into the Army of the United States on 10 June 1969. After completion of basic combat training and AIT, he was awarded military occupational specialty 13A (Field Artillery Basic).
3. He served in Vietnam from 6 November 1969 to 17 December 1970.
4. Items 29 (Qualification in Arms) and 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) do not include data fields which indicate he qualified with the M-14 Rifle.
5. His service record also does not include orders awarding him any weapons qualification badges.
6. On 18 December 1970, he was honorably released from active duty as an overseas returnee. The DD Form 214 he was issued for this period does not indicate he was awarded any marksmanship badges.
7. 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, or 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:
The applicants record is void of orders and he did not provide any orders awarding him marksmanship qualification badges for qualifying with the M-14 Rifle. Therefore, there is insufficient evidence to correct his DD Form 214 to show award of the Marksman or Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
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) AR20130001679
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ABCMR Record of Proceedings (cont) AR20130001679
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