BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130014851
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.
2. The applicant states that when he was in Basic Combat Training (BCT) he qualified as an expert on the M-16 shooting course scoring 26 out of 30 hits.
3. The applicant provides his DD Form 214, effective 22 March 1988.
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 enlisted in the Regular Army (RA) on 20 May 1985. His DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations & Campaigns) the following entry:
* Rifle M-16 Sharpshooter Qualification Badge, 21 June 1985
* Grenade Expert Qualification Badge, 26 June 1985
3. He was honorably released from active duty on 22 March 1988 and he was transferred to the U.S. Army Reserve. His DD Form 214 lists the qualification badges recorded on his DA Form 2-1 as shown above.
4. There are no orders in his Army Military Human Resource Record (AMHRR) that shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar or the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his record by corrected to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.
2. In the absence of documentation showing he was awarded these Marksmanship Qualification Badges, there is an insufficient basis upon which to grant the request.
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) AR20130014851
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ABCMR Record of Proceedings (cont) AR20130014851
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