IN THE CASE OF:	  

		BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140002281 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* he tested M-14 rifles
* he was on the pistol team
* unspecified sharpshooter and expert marksmanship qualification badges
* completion of airborne training
* award of the Army Good Conduct Medal (AGCM)

2.  The applicant states:

* the above-mentioned items are missing from his DD Form 214
* this information is true and factual
* this information is listed on his DD Forms 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), dated 1 November 2001 and 16 May 2011, and is in his records

3.  The applicant provides:

* DD Form 149, dated 16 May 2011 and 11 October 2001 or 10 November 2001 (date sequence unclear)
* Headquarters, 326th Engineer Battalion (Airborne Division), Special Orders Number 185, dated 6 December 1960

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.  In 2001, the applicant applied to the ABCMR for the relief he is seeking with his current application.  It appears his records were partially administratively corrected and a DD Form 215 (Correction to DD Form 214), dated 29 November 2001, amended his DD Form 214 by:

	a.  adding award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and Expert Marksmanship Qualification Badge with Rocket Launcher Bar (3.5 millimeter) to item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized); and

	b.  adding the Basic Airborne Course to item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed).

3.  Since his DD Form 214 was amended to show marksmanship qualification badges and completion of airborne training, this portion of his request will not be discussed further in this Record of Proceedings.  A copy of the DD Form 215 will be provided to him.

4.  The applicant enlisted in the Regular Army on 6 October 1958 for a period of 3 years.  He completed training and was awarded military occupational specialty 612.10 (construction machine operator).

5.  He qualified as Sharpshooter with the M-1 rifle in 1958, but he subsequently qualified as Marksman with the M-1 rifle in 1960.

6.  On 6 January 1960, he was convicted by a summary court-martial of operating a vehicle in a reckless manner.

7.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "good" conduct and "fair" efficiency ratings for the period 19 January to 24 October 1961 and he received a "good" efficiency rating for the period 25 October 1961 to 2 February 1962.

8.  On 2 February 1962, he was honorably released from active duty.

9.  His DD Form 214 shows in:

* item 26 – "None"
* item 28 – he completed the Engineer Course in June 1959

10.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows authorization for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and Expert Marksmanship Qualification Badge with Rocket Launcher Bar (3.5 millimeter).

11.  There are no orders for the AGCM in the available records.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214.  There is no provision to show an individual tested weapons or membership in a pistol team on the DD Form 214.

13.  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.

14.  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.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  Since there is no provision to show an individual tested weapons or membership in a pistol team on the DD Form 214, there is no basis for granting the requested relief.

2.  The applicant's request to show a Sharpshooter marksmanship qualification badge was noted.  The evidence shows he qualified as Sharpshooter with the 
M-1 Rifle in 1958, but he qualified as Marksman with the M-1 Rifle in 1960.  Since the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear, and his DD Form 214 was amended to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) in 2001, there is no basis for showing he qualified as Sharpshooter with the M-1 Rifle.  There is no evidence and he provided no evidence showing he subsequently qualified as Sharpshooter with the M-14 Rifle or any other weapon.  Therefore, there is insufficient evidence on which to base adding a sharpshooter marksmanship qualification badge to his DD Form 214.

3.  There are no orders for the AGCM in the available records.  His military record shows he had "good" conduct and "fair" efficiency ratings during the period 19 January to 24 October 1961, he had a "good" efficiency rating for the period 25 October 1961 to 2 February 1962, and he had a summary court-martial conviction for operating a vehicle in a reckless manner, all of which are disqualifying factors for award of the AGCM.  Therefore, he is not entitled to award of the AGCM or correction of his DD Form 214 to show this award.

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 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)                                         AR20140002281



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ABCMR Record of Proceedings (cont)                                         AR20140002281



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