BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140000702
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 the Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states his DD Form 214 does not show the Marksmanship Qualification Badge with Rifle Bar. As he held military occupational specialty (MOS) 11B (Infantryman), he was required to qualify each year.
3. The applicant provides his DD Form 214 and three identification cards.
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 15 November 1978 and he held MOS 11B.
3. He was honorably released from active duty on 19 November 1982 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows the Army Service Ribbon, Air Assault Badge, and the Overseas Service Ribbon.
4. On 4 February 2011, he was issued a DD Form 215 (Correction to DD Form 214) which added the Korea Defense Service Medal.
5. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) neither of which is shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show these badges.
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 to his DD Form 214 the:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
__________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) AR20140000702
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ABCMR Record of Proceedings (cont) AR20140000702
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