IN THE CASE OF:
BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130016250
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, in effect:
* correction of his DD Form 214 (Report of Separation from Active Duty) to show he was awarded a Marksmanship Qualification Badge with Tank Weapons Bar instead of a "BADGE TRUCK WEAPONS"
* issuance of a Marksmanship Qualification Badge with Tank Weapons Bar
2. The applicant states:
* he earned a Marksmanship Qualification Badge with Tank Weapons Bar and he knows nothing of a "BADGE TRUCK WEAPONS"
* he qualified in tank gunnery at Grafenwoehr, Germany, in November 1979 while assigned to Company A, 4th Battalion, 69th Armor, 8th Infantry Division
* he wants his DD Form 214 amended and the badge sent to him
3. The applicant provides a self-authored statement.
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 on 27 August 1975.
3. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows award of the:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Expert Marksmanship Qualification Badge with Tank Weapons Bar
* Army Good Conduct Medal (1st Award)
4. On 26 August 1979, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 4 years of creditable active military service. His DD Form 214 shows award of the:
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* "Badge Truck Weapons"
5. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.
DISCUSSION AND CONCLUSIONS:
Review of the applicant's record shows he qualified as expert on tank weapons; therefore, he is entitled to correction of his DD Form 214 to show this qualification.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Expert Marksmanship Qualification Badge with Tank Weapons Bar to his DD Form 214 in lieu of Badge Truck Weapons and issuing the badge to him.
____________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) AR20130016250
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ABCMR Record of Proceedings (cont) AR20130016250
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