IN THE CASE OF:	   

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130005530 


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 he was awarded or authorized the 1st Class Gunner Marksmanship Qualification Badge with Mortar Bar (M-81) vice the 2nd Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60).  

2.  The applicant states he was never a gunner on the M-60 Machine Gun, not during his service in Korea or Vietnam.  After his second tour in Korea, he came back to Fort Benning, GA for further training and became a 1st Class Gunner before going to Vietnam.

3.  The applicant does not provide any evidence.

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 (RA) on 28 December 1960 and he held military occupational specialty (MOS) 112.0 (Heavy Weapons Infantryman).  He served in Korea from June 1961 to September 1962.

3.  Special Orders Number 44, issued by Headquarters, 6th Armored Cavalry, dated 4 October 1962, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  Special Orders Number 230, issued by Headquarters, 12th Infantry, Fort Lewis, WA, dated 3 November 1962, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

5.  On 11 March 1963, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

6.  He reenlisted in the RA on 16 March 1963.  He subsequently served in Korea from March 1963 to April 1964.  He also served in Vietnam from 20 August 1965 to 10 March 1966.

7.  Special Orders Number 39, issued by Headquarters, 11th Air Assault Division, Fort Benning, GA, dated 8 February 1965, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Special Orders Number 148, issued by the same headquarters, dated 28 May 1965, awarded him the 2nd Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60).  He fired at Course IV and V and received a score of 125 on 1 April 1965.

9.  There are no orders in his service record that confirm he qualified with the
M-81 mortar weapon system or the degree of qualification.

10.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
* 
item 29 (Qualification in Arms) he qualified:

* Expert with the 106 Recoilless Rifle
* Expert with the M-1 Rifle
* Marksman with the .45 Caliber Pistol
* Expert with the M-14 Rifle
* 2nd Class Gunner with the M-60 Machinegun

* item 41 (Awards and Decorations) a list of his marksmanship badges but does not include the 1st Class Gunner with the M-81 Mortar weapon system.

11.  On 10 March 1966, he was honorably released from active duty as an overseas returnee.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* 2nd Class Gunner Marksmanship Badge with Machinegun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Vietnam Service Medal
* Combat Infantryman Badge

12.  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, 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.  For example, Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record contains special orders and his DA Form 20 contains an entry that shows he qualified as a 2nd class gunner with the M-60 Machine Gun on 1 April 1965.

2.  There is no evidence, in the form of an order, entry on the DA Form 20, memorandum/endorsement, or a firing score record that shows the applicant qualified with the M-81 Mortar weapon system or the degree of this qualification.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20130005530



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130005530



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1