IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130018363
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:
a. his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Expert Marksmanship Qualification Badge with Carbine, Rifle (M-1, M-14, and M-15), Grenade Launcher, Rocket Launcher, and Pistol Bars; and
b. award of the Armed Forces Expeditionary Medal (AFEM) for his service in Berlin.
2. The applicant states:
a. he wants his DD Form 214 corrected to show he was an expert in all infantry weaponry, including the carbine, M-1 rifle, M-14 rifle, M-15 rifle, grenade launcher, rocket launcher, and .45 pistol.
b. his record does not reflect that he was in a qualifying military position for veterans preference based on award of the AFEM for Berlin. He served in Berlin during the period 1961 to 1963.
3. The applicant provides:
* Veteran's license
* 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 5 October 1961. He completed his training and was awarded military occupational specialty 111.00 (light weapons infantryman).
3. Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 6 March 1962 through 14 September 1963.
4. His records contain a DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice), dated 23 July 1963, which shows he was assigned to Bamberg, Germany.
5. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) shows he received the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).
6. On 26 September 1963, he was honorably released from active duty.
7. His DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).
8. There is no evidence and he provides no evidence which shows he qualified expert with the carbine, M-1 rifle, M-14 rifle, M-15 rifle, grenade launcher, rocket launcher, or .45 pistol.
9. There is no evidence which shows he served in Berlin.
10. 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.
11. Army Regulation 600-8-22 states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. The period of qualifying service for award of the AFEM in Berlin is 14 August 1961 to 1 June 1963.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and he provides no evidence which shows he qualified expert with the carbine, M-1 rifle, M-14 rifle, M-15 rifle, grenade launcher, rocket launcher, or .45 pistol. Therefore, there is insufficient evidence on which to base adding the Expert Marksmanship Qualification Badge with Carbine, Rifle (M-1, M-14, and M-15), Grenade Launcher, Rocket Launcher, and Pistol Bars to his DD Form 214.
2. Although the applicant contends he served in Berlin during the period 1961 to 1963, there is no evidence and he provides no evidence to support this contention. Therefore, there is insufficient evidence on which to base adding the AFEM to his DD Form 214.
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) AR20130018363
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ABCMR Record of Proceedings (cont) AR20130018363
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