BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130002369 


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 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 24 November 1979 and that he qualified as Expert with all of his weapons.

2.  The applicant states his DD Form 214 incorrectly reflects that he entered active duty 25 November 1980 instead of 24 November 1979 and it shows several weapons qualifications as Sharpshooter; however, he qualified as Expert with all weapons.

3.  The applicant provides two pages from his DA Form 2-1 (Personnel Qualification Record – Part II).

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 born on 13 May 1963.  He enlisted in the U.S. Army Reserve under the Delayed Enlistment Program with parental consent on 22 July 1980 with a commitment to enlist in the Regular Army on 25 November 1980 for a period of 3 years under the airborne enlistment option for training as an indirect fire infantryman and assignment to the 1st Battalion, 75th Ranger Regiment.

3.  Orders published on 25 November 1980 by the Armed Forces Examining and Entrance Station in Milwaukee, Wisconsin, transferred the applicant and three other enlistees to Fort Benning, Georgia, to attend one-station unit training (OSUT) beginning on 1 December 1980.

4.  He began OSUT on 4 December 1980 and completed it on or about 5 March 1981.  He was then transferred to the airborne training battalion at Fort Benning where he completed airborne training.

5.  On 3 April 1981, he was assigned to the 1st Battalion, 75th Ranger Regiment, at Hunter Army Airfield, Georgia.  On 3 February 1982, he was assigned to the Combat Support Company, 3rd Battalion, 19th Infantry Regiment, at Fort Stewart, Georgia, and he was transferred to Company B of the same battalion on 10 February 1982.

6.  On 11 September 1982, he was discharged under other than honorable conditions in lieu of trial by court-martial.  He completed 1 year, 7 months, and 11 days of active service and had 77 days of lost time due to being absent without leave.

7.  His DD Form 214 issued at the time of his discharge shows he entered active duty on 25 November 1980 and he qualified as Sharpshooter with the rifle and hand grenade.

8.  A review of his official records shows no evidence that he entered active duty earlier than 25 November 1980.  His DA Form 2-1 also shows he qualified as Sharpshooter with the rifle and hand grenade.  There are no additional orders in his records to show otherwise.

9.  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.

10.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he entered active duty on 24 November 1979 has been noted and found to lack merit.  The applicant was 17 years of age when he enlisted with parental consent in 1980 and thus would have been only 16 years of age in 1979 and would not have been eligible for enlistment.

2.  Additionally, the applicant's official records contain no evidence to support his contention and he failed to produce any evidence to dispute the evidence of record.

3.  In regard to his weapons qualifications, his DD Form 214 correctly reflects the entries contained in his official records regarding his weapons qualifications and he has provided no evidence to show they are in error.

4.  Accordingly, there appears to be no basis to grant his request to change his date of entry on active duty or weapons qualifications.

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)                                         AR20130002369



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ABCMR Record of Proceedings (cont)                                         AR20130002369



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