IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140002408
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 Army Commendation Medal (ARCOM) and Expert Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states:
* he received the ARCOM on 16 January 1981 and the Expert Marksmanship Qualification Badge on 12 February 1985
* he is in the process of getting all of his information together for when he passes away
* his DD Form 214 will be needed to verify his service and his entitlement to burial privileges
3. The applicant provides:
* Permanent Orders 5-42, issued by Headquarters, 2nd Support Command (Corps) on 16 January 1981
* ARCOM Certificate
* DA Form 3595 (Record Fire Scorecard)
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 29 June 1978.
3. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he was awarded or authorized the:
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Air Assault Badge
4. On 7 June 1985, he was honorably discharged. His DD Form 214 shows he completed 6 years, 11 months, and 9 days of active service. His DD Form 214 also shows he was awarded or authorized the:
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Air Assault Badge
5. He provides:
* Permanent Orders 5-42, issued by Headquarters, 2nd Support Command (Corps) on 16 January 1981 and a copy of his ARCOM Certificate, which show he was awarded the ARCOM for meritorious achievement during the period 1 September 1980 to 26 September 1980
* a copy of his DA Form 3595, dated 12 February 1985, which shows he achieved expert qualification with the M-16 rifle on 12 February 1985
6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. This regulation stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service covered on the DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman. 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.
8. Army Field Manual 23-9 (Rifle Marksmanship), in effect at the time, stated to use the DA Form 3595 to record the Soldier's performance on the firing range. The following was used to determine qualification levels:
* Expert: 36 40 target hits
* Sharpshooter: 30 35 target hits
* Marksmanship: 23 29 target hits
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded him the ARCOM, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The evidence of record shows he achieved expert qualification with the M-16 rifle on 12 February 1985. The corresponding marksmanship qualification badge is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar.
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 amending his DD Form 214 as follows:
* removing the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* adding the
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle 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) AR20140002408
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ABCMR Record of Proceedings (cont) AR20140002408
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