IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130010584
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 records to show he qualified as an expert with the pistol. He further states, "Also New Eagle School at Ft. Campbell, KY."
2. The applicant states, in effect, that his qualification with the pistol is not shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides no additional documentation.
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. Records show the applicant enlisted in the Regular Army on 17 March 1982. He completed training and was awarded military occupational specialty 16S (Man Portable Air Defense System (MANPADS) Crewman).
3. A DA Form 2-1 (Personnel Qualification Record - Part II) shows that the applicant qualified as a marksman with the rifle and as an expert with the grenade. No qualification is recorded for the pistol.
4. On 7 March 1985, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4, and had completed 2 years, 11 months, and 21 days.
5. The applicant's DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar.
6. On 2 April 1985, after a 26-day break in active duty service, he again enlisted in the Regular Army. He retained his rank as specialist four and MOS 16S.
7. He served until 9 January 1986, when he was discharged due to a personality disorder. He completed a total of 3 years, 8 months, and 29 days of creditable active duty service.
8. His DD Form 214 ending on 9 January 1986 shows the same marksmanship badges as listed on his first DD Form 214.
9. 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.
10. Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training. The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons. This means, in effect, the most recent qualification score
with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show he qualified as an expert with the pistol. He further states, "Also New Eagle School at Ft. Campbell."
2. The available records do not show that the applicant qualified with the pistol at the time he was awarded MOS 16S. Furthermore, there is no evidence showing that he had performed annual qualifications with a pistol. Therefore, this portion of his request should be denied.
3. The applicant's comment concerning the New Eagle School at Fort Campbell, is incomplete. As such, his intent is unknown. Therefore, this portion of his request should also be denied due to insufficient explanation by the applicant.
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) AR20130010584
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