IN THE CASE OF:
BOARD DATE: 19 March 2014
DOCKET NUMBER: AR20130013499
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 add the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
2. The applicant states his DD Form 214 shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); however, he later qualified as an expert and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
3. The applicant provides Special Orders (SO) Number 17, dated 21 January 1965, and 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. The applicant was inducted into the Army of the United States on
22 September 1964. He held military occupational specialty 71B (Clerk Typist) and attained the rank/grade of private first class/E-3.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Germany from 20 February 1965 to 1 September 1966.
4. SO Number 265, issued by Headquarters, Fort Polk, LA on 12 November 1964 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
5. SO Number 17, issued by Headquarters, Fort Polk, LA on 21 January 1965 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
6. SO Number 288, issued by the 8th Infantry Division, Germany on 15 October 1965 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
7. 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.
8. 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:
SO Number 17, dated 21 January 1965 show the applicant qualified as an Expert on the M-14 rifle and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. However, SO Number 288, dated 15 October 1965 show he subsequently qualified as a Sharpshooter with the M-14 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, he is not entitled to correction of his DD Form 214 to add the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
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) AR20130013499
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ABCMR Record of Proceedings (cont) AR20130013499
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