IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140004170
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal (AGCM) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).
2. The applicant states he earned the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) while in the U.S. and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) while in Europe.
3. The applicant provides his DD Form 214.
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 10 February 1965, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 72B (Communications Center Specialist). He attained the rank of specialist four/pay grade E-4.
3. On 11 July 1966, Headquarters, U.S. Army, Petroleum Distribution Command, Europe, issued Special Orders Number 118, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
4. On 7 June 1967, Headquarters, U.S. Army, Supply and Maintenance Agency Support Group, issued Special Orders Number 20, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
5. On 24 January 1968, Headquarters, Signal Service Battalion Four, issued General Orders Number 2, awarding him the AGCM (1st Award).
6. On 30 January 1968, he was honorably released from active duty. He completed 2 years, 11 months, and 21 days of active service.
7. His DD Form 214 shows he was authorized the National Defense Service Medal.
8. Review of his records did not reveal orders or other evidence of his qualification with an M-16 rifle.
9. Army Regulation 600-8-22 (Military Awards) states a basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman.
DISCUSSION AND CONCLUSIONS:
1. General Orders Number 2 awarded him the AGCM (1st Award). Therefore, he is entitled to have this award added to his DD Form 214.
2. His record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) in July 1966. However, it also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) in June 1967. As such, given that the available evidence indicates the qualification that he last attained with the M-14 was marksman, it would be appropriate to add the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214.
3. There is no evidence in his available records to show he qualified with the
M-16 rifle. As such, there is no evidentiary basis for adding this qualification badge to his DD Form 214.
4. In view of the foregoing, the applicant is entitled to have his records corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 AGCM (1st Award) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).
__________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) AR20140004170
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ABCMR Record of Proceedings (cont) AR20140004170
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