IN THE CASE OF:	  

		BOARD DATE:  6 February 2014

		DOCKET NUMBER:  AR20130009122 


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:

	a.  he completed Unit Administration training in Germany in December 1967; and

	b.  award of the Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14).

2.  The applicant states:

	a.  He won the American Spirit Medal in basic training in July/August 1967 and he fired Expert with the M-14 rifle to achieve this medal; and

	b.  The Unit Administration course was required when he was first assigned to Germany as a court board clerk trainee.

3.  The applicant provides:

* court document for name change
* letter to the National Personnel Records Center, St. Louis, MO, dated 26 November 2012
* 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.  The applicant was inducted into the Army of the United States on 24 July 1967.  He completed training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman) and later MOS 72B (communications center specialist).

3.  Headquarters, U.S. Army Training Center, Infantry, Special Orders Number 210, dated 6 September 1967, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  However, item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as Marksman with the M-14 rifle on 28 October 1968.

4.  Item 27 of his DA Form 20 shows he completed the:

* 3-week Armored Personnel Carrier (APC) Drivers Course in 1968
* 3-week Cryptographic Operator Course in 1968
* 8-week Light Weapons Infantryman Course in 1968

5.  On 23 July 1969, he was honorably released from active duty.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)

7.  Item 25 (Education and Training Completed) of his DD Form 214 shows he completed the:

* APC Drivers Course
* Cryptographic Operator Course
* Light Weapons Infantryman Course

8.  There is no evidence of record which shows he completed "Unit Administration" training.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  The regulation in effect at the time provided that item 25 would list service schools, including major courses that were successfully completed, and military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.

10.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he completed Unit Administration training in December 1967, there is no evidence of record and he provides no evidence which shows he completed this training.  Therefore, there is insufficient evidence on which to base adding this training to his DD Form 214.

2.  Although orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) in 1967, his DA Form 20 shows his most recent qualification for this badge was Marksman.  However, the entry on his DA Form 20 which shows he qualified as Marksman with the M-14 rifle on 28 October 1968 is sufficient evidence on which to base adding the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214 or amending item 25 of his DD Form 214 to show completion of Unit Administration training.




      _______ _  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)                                         AR20130009122



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ABCMR Record of Proceedings (cont)                                         AR20130009122



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