IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20140000459
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 (Certificate of Release or Discharge from Active Duty) to show award of the Expert Marksmanship Qualification Badge with Rifle Bar. He also inquires about the possibility of replacing his award certificate that was lost in a fire.
2. The applicant states his last two marksmanship qualifications were scored as expert. His copies of these scores were burned in a trailer fire. The certificate for his Army Commendation Medal (ARCOM) was burned in the same fire. It means a lot to him and would like to have it replaced.
3. The applicant provides a copy of a letter from the National Personnel Records Center, dated 16 December 2013.
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. On 24 May 1984, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 63B (Light Wheel Vehicle Mechanic).
3. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows:
a. he qualified on 12 March 1985 as a marksman with the M-16 rifle; and
b. he was awarded authorized the:
* Army Service Ribbon
* Overseas Service Ribbon
* ARCOM
* Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
4. On 23 March 1988, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed 3 years and 10 months of creditable active duty service.
5. The applicant's DD Form 214 lists his awards as:
* Army Service Ribbon
* Overseas Service Ribbon
* Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* ARCOM
6. 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.
7. 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 available evidence shows the applicant qualified in 1985 as a marksman with the rifle. Unfortunately, there is no available record showing any subsequent qualification.
2. The available evidence shows the applicant received an ARCOM. However, there is no documentation showing any particulars concerning what his service or achievement was that earned him this medal. Therefore, it is impossible to replicate his burnt certificate.
3. In view of the above, there is no basis for granting the applicant's requested relief.
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) AR20140000459
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ABCMR Record of Proceedings (cont) AR20140000459
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