IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140009834
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Army Good Conduct Medal and his expert badge for tank weapons qualification.
2. The applicant states that his award of the Army Good Conduct Medal and his expert qualification with a tank are not reflected on his DD Form 214.
3. The applicant provides a copy of 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. The applicant enlisted in the Regular Army on 18 July 1969 for a period of 3 years and training as an armor crewman. He completed his basic training at Fort Campbell and qualified as a sharpshooter with the M-14 rifle.
3. He was transferred to Fort Knox, Kentucky to undergo his advanced individual training (AIT) and his official records show that he familiarized with tank weapons. There is no tank weapons qualification indicated.
4. He completed his training and was transferred to Germany on 10 December 1969 for duty as a tank driver with a cavalry troop.
5. General Orders Number 358 issued by Headquarters, 1st Armored Division on 29 November 1971 awarded the applicant the Good Conduct Medal (1st Award).
6. He departed Germany on 5 December 1971 for assignment to Fort Carson, Colorado where he remained until he was honorably released from active duty (REFRAD) on 20 January 1972. He served 2 years, 6 months and 3 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was only awarded the National Defense Service Medal.
7. 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 to include tank weapons.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Army Good Conduct Medal (1st Award) and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar and is entitled to have those awards added to his DD Form 214.
2. However, there is no evidence and the applicant has provided none that shows he qualified as an Expert with tank weapons. Therefore, in the absence of such evidence, there appears to be no basis to add that qualification to his DD Form 214.
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 the Good Conduct Medal (1st Award) and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar to his DD Form 214.
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 the Expert Marksmanship Qualification Badge with Tank Weapons Bar to his DD Form 214.
____________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) AR20140009834
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ABCMR Record of Proceedings (cont) AR20140009834
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