IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130021397
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, the widow of a deceased former service member (FSM), requests correction of her husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Expert Marksmanship Qualification Badge.
2. The applicant states, in effect, that the FSMs DD Form 214 does not reflect his award of the Expert Marksmanship Qualification Badge.
3. The applicant provides copies of the FSMs DD Form 214s for the period ending 16 October 1968 and 21 August 1969, death certificate and a photograph showing the FSM wearing an Expert and a Sharpshooter Marksmanship Qualification Badge
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 FSM enlisted in the Regular Army on 14 October 1966. He completed his basic training at Fort Benning, GA and his advanced individual training as an optical laboratory specialist at Fitzsimons General Hospital in Colorado and remained assigned there after completion of his training.
3. On 16 October 1968, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with rifle bar.
4. He reenlisted on 17 October 1968 for a period of 6 years.
5. On 21 August 1969, he was retired by reason of temporary disability and he was placed on the Temporary Disability Retired List (TDRL) with a 30 percent disability rating. His DD Form 214 issued at the time of his retirement shows no awards were issued during the period covered by that DD Form 214.
6. A review of his official record shows no evidence of the FSM being awarded the Expert Marksmanship Qualification Badge. His record contains orders awarding him the Sharpshooter Marksmanship Qualification Badge with rifle bar.
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.
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.
9. Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training. The pamphlet is structured by unit type
(e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons. This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the FSMs record should be corrected to reflect the award of the Expert Marksmanship Qualification Badge has been noted.
2. A review of the FSMs official record failed to show any evidence indicating that the FSM was awarded the Expert Marksmanship Qualification Badge.
3. Regrettably, in the absence of evidence showing that the FSM was awarded the Expert Marksmanship Qualification Badge, there appears to be no basis for granting the applicants 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) AR20130021397
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ABCMR Record of Proceedings (cont) AR20130021397
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