BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130003047
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 add the Expert Marksmanship Qualification Badge with Grenade Bar.
2. The applicant states he earned the award during basic training at Fort Dix, NJ.
3. The applicant provides 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. On 3 November 1981, the applicant enlisted in the Regular Army. He completed training, was awarded military occupational specialty 94B (Food Service Specialist), and was advanced to pay grade E-3.
3. On 27 October 1983, he was honorably released from active duty. He completed 1 year, 11 months, and 25 days of creditable active service. His DD Form 214 shows he was awarded or authorized the:
* Army Service Ribbon
* Army Achievement Medal (AAM)
* Marksman Marksmanship Qualification Badge with Rifle Bar
4. There is no evidence in the applicants records to show he qualified as an expert with the hand grenade.
5. 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 in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman. Authorized component bars include the Grenade Bar.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the applicants records to show he qualified with the hand grenade. Therefore, he is not entitled to have the Expert Marksmanship Qualification Badge with Grenade Bar added 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) AR20130003047
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