BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130006316
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 any awards or qualifications he earned during his enlistment.
2. The applicant states he was discharged during the end of the Vietnam War and the awards listed on his DD Form 214 are incomplete.
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 17 November 1970, he enlisted in the Regular Army.
3. Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, KY, Special Orders Number 23, dated 28 January 1971, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. He was assigned to the 3rd Battalion, 35th Armored Regiment, in Germany from 6 May 1971 to 30 May 1972.
5. On 1 June 1972, he was released from active duty. His DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar
DISCUSSION AND CONCLUSIONS:
He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and this badge should be added to his DD Form 214.
BOARD VOTE:
___X__ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.
_________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) AR20130006316
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ABCMR Record of Proceedings (cont) AR20130006316
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