IN THE CASE OF:	   

		BOARD DATE:	  16 October 2014

		DOCKET NUMBER:  AR20140004937 


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 in:

* item 25b (Related Civilian Occupation and Dictionary of Occupational Titles (DOT) Number) – "Nashville glass plant" vice "Policeman"
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – he was awarded the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars

2.  He states he wants the correct information on his tombstone. 

3.  He 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 30 July 1963, the applicant was inducted into the Army of the United States.  Item 9a (Present Civilian Trade or Occupation) of the DD Form 47 (Record of Induction) completed at that time shows the entry "Glass Inspector."  

3.  After completing initial entry training, he was awarded military occupational specialty (MOS) 951 (Military Police (MP)).

4.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) lists the following marksmanship badges:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) –13 September 1963
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar – 1 November 1963
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) – 21 July 1964

5.  On 20 June 1965, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) to complete his military service obligation.  The DD Form 214 issued at that time shows in:

* item 25a (Specialty Number and Title) – "951.00 Mil Pol"
* item 25b, in part – "Policeman"
* item 26, in part –Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)  

6.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows the following weapons qualifications:

* Rifle (M-14) – Marksman – 16 July 1964
* "Wpns Inst" – Sharpshooter – 1 November 1963
* Rifle (M-1) – Expert – 9 April 1967

7.  His record is void of documentation showing he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar.  

8.  A DA Form 1140 (Army Reserve Qualifications Questionnaire), dated 18 May 1966, shows he indicated his main civilian occupation was as a glass inspector.

9.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  

	a.  A 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.  

	b.  Award of marksmanship badges is not permanent.  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.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided instructions for completing the DD Form 214.  It stated:

	a.  For item 25a, enter the primary MOS code number and title.  If the specialty represented by the MOS has a related civilian occupation, enter the appropriate job title and code number from the DOT in item 25b.

	b.  For item 26, enter decorations, etc., awarded or authorized during period covered by the DD Form 214 from Section 9 of the DA Form 24.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant misunderstands the purpose of item 25b on his DD Form 214.  This item is not used to show a civilian occupation held prior to or after active duty military service.  The purpose of item 25b is to show the civilian occupation related to a Soldier's MOS.  The applicant was trained as an MP.  Policeman is the obvious related civilian occupation for his MOS, and this civilian occupation was correctly entered on his DD Form 214.  There is no basis for changing item 25b to show "Nashville glass plant."

2.  The evidence does not support his request for correction of his DD Form 214 to show he was awarded the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars.

	a.  On 13 September 1963, he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), but on 21 July 1964, he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Because he re-qualified with a lower score, he was no longer authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  There is no evidence that he qualified again for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) prior to being REFRAD.  Accordingly, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) is properly listed on his DD Form 214.

	b.  While serving as a member of the USAR, he qualified as an Expert with the M-1 rifle.  Because he attained this qualification after his REFRAD, it was not authorized to be listed on his DD Form 214.

	c.  His record is void of documentation showing he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar.  In the absence of documentation showing he was awarded this badge prior to being REFRAD, there is no basis for listing it on his DD Form 214.

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)                                         AR20140004937





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004937



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1