IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140006455
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:
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar
(M-60)
* all other awards he may be entitled
2. He states he completed Military Police training which required weapons qualification with the .45 caliber pistol and the M-60 machine gun. He adds that considering his 17-month deployment in Asia during the Vietnam War, he believes he qualifies for additional awards.
3. He provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* DD Form 4 (Enlistment Contract - Armed Forces of the United States)
* DA Form 20 (Enlisted Qualification Record)
* DA Forms 2627-1 (Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice))
* National Personnel Records Center letter, dated 1 June 2009
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 October 1971. He was trained in and awarded military occupational specialty (MOS) 95B (Military Policeman). He was later awarded MOS 91G (Social Work Specialist). He served in Okinawa from 22 May 1972 to 3 October 1973 and was honorably released from active duty on 4 October 1973 as an overseas returnee. He was credited with
1 year, 11 months, and 20 days of total active service.
3. His DA Form 214 shows the National Defense Service Medal.
4. Item 41 (Awards and Decorations) of his DA Form 20 shows he qualified as expert with the M-16 Rifle.
5. His record is void of any evidence that shows he qualified as expert or marksman with the pistol or machine gun. There are no orders or evidence that show he is entitled to any additional awards.
6. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. 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. Additionally, the regulation states the qualification should be shown as: Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar. Orders are not required for award of the marksmanship badges; however, marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form by the approval authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 verifies that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which is not listed on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this badge.
2. There is no evidence and the applicant did not provide any to show he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) or the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60). Therefore, in absence of documentation to verify these badges, the presumption of regularity must be applied.
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 Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
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 adding to his DD Form 214 the Expert Marksmanship Qualification Badge with Pistol Bar or the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).
__________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) AR20140006455
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140006455
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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