IN THE CASE OF:
BOARD DATE: 8 October 2013
DOCKET NUMBER: AR20130002637
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) for the period ending 17 January 1972 to show award of the Expert Marksmanship Qualification Badge with M-14 Rifle and M-16 Automatic Rifle Bars.
2. He states his current DD Form 215 (Correction to DD Form 214) reflects the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.
3. He provides his DA Form 20 (Enlisted Qualification Record), page 4, and DD Form 215.
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 1 July 1969 and he was discharged on 9 July 1969 to enlist in the Regular Army (RA). He enlisted in the RA on 10 July 1969.
3. His service record includes the following orders:
a. Special Orders Number 170, dated 22 August 1969, which show he qualified as Sharpshooter with the M-14 Rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
b. Special Orders Number 263, dated 16 December 1969, which show he qualified as Expert with the M-16 Rifle and he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
c. Special Orders Number 223, dated 7 October 1971, which show he qualified as Expert with the M-16 Rifle and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
4. Item 41 (Awards and Decorations) of his DA Form 20 contains data fields which indicate he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) by Special Orders 223, dated 1971. This form also contains data fields which indicate he was awarded a marksmanship badge for qualification with the M-14 Rifle and the entry "E" [possibly indicating "Expert"] by Special Orders Number 168, dated 20 August 1969.
5. On 17 January 1972, he was honorably released from active duty. His DD Form 214 for the period ending 17 January 1972 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960) and one Overseas Service Bar.
6. He was issued a DD Form 215 on 4 February 1976 which amended his DD Form 214 by adding the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Aircraft Crewman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Unit Citation Badge.
7. Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of the 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:
1. Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, this badge should be added to his DD Form 214 for the period ending 17 January 1972.
2. His DA Form 20 shows he was awarded a marksmanship badge for qualifying with the M-14 Rifle by Special Orders Number 168, dated 20 August 1969. It also shows the entry "E" which possibly indicates he qualified as Expert with this weapon. This evidence is sufficient as a basis to add the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214 for the period ending 17 January 1972.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 amending his DD Form 214 for the period ending 17 January 1972 by deleting the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar and replacing it with the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
_______ _ _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) AR20130002637
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ABCMR Record of Proceedings (cont) AR20130002637
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