IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010719
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 the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) versus the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) that is currently shown.
2. The applicant states the wrong badge is entered on his DD Form 214.
3. The applicant provides his DD Form 214 and Special Orders Number 67, issued by Headquarters, 2nd Training Brigade, Fort Jackson, SC, on 6 April 1966.
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 9 February 1966. He completed his initial entry training and was awarded military occupational specialty 71L (Administrative Specialist).
3. Special Orders Number 67, issued by Headquarters, 2nd Training Brigade, Fort Jackson, SC, on 6 April 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), effective 29 March 1966.
4. Special Orders Number 141, issued by Headquarters, 4th Training Brigade, Fort Jackson, SC, on 19 September 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), effective 19 September 1966.
5. On 8 February 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.
6. His DD Form 214 shows he was awarded the National Defense Service Medal, the Army Good Conduct Medal (1st Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
7. Army Regulation 600-8-22 (Military Awards) sets forth the 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.
8. Marksmanship badge awards are not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of a record firing course for which the previous award was made, fails to attain 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 contends his DD Form 214 should be corrected to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
2. The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); however, he was later awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) after he failed, following a record firing course for which the previous award was made, to attain the same qualification.
3. Marksmanship badge awards are not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of a record firing course for which the previous award was made, fails to attain the same qualification. For this reason, his DD Form 214 reflects the appropriate award of the Marksmanship Qualification Badge.
4. In view of the foregoing, there is an insufficient basis to grant the 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) AR20100015543
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ABCMR Record of Proceedings (cont) AR20130010719
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