IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140014063
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 (Certificate of Release or Discharge from Active Duty) be corrected to show he qualified as a Sharpshooter with the M-16 Rifle.
2. The applicant states he qualified as a Sharpshooter with the M-16 Rifle; however, his DD Form 214 reflects a qualification of "Marksman."
3. The applicant provides copies of his DD Form 214 and his Personnel Qualification Record Part II.
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 22 July 1986 for a period of
3 years and training as a military policeman. He was transferred to Fort McClellan, Alabama to undergo one-station unit training.
3. The applicants records show that he qualified as a:
* Sharpshooter with the M-16 Rifle, on 26 August 1986
* Expert with the Hand Grenade, on 3 September 1986
* Expert with the .45 Caliber Pistol, on 1 October 1986
4. On 20 November 1986, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-11 due to not meeting procurement medical fitness standards. He had served 3 months and 29 days of active service and his DD Form 214 issued at the time of discharge shows he was awarded the Army Service Ribbon, Rifle M-16 (Marksman), Hand Grenade (Expert), and Pistol .45 Caliber (Expert).
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show he qualified as a Sharpshooter with the M-16 Rifle has been noted and found to have merit.
2. The applicant did in fact qualify as a Sharpshooter with the M-16 Rifle and it should be so reflected on his DD Form 214.
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:
* deleting the entry Rifle M-16 (Marksman) from item 13 of his DD Form 214
* adding the entry Rifle M-16 (Sharpshooter) to item 13 of 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) AR20140014063
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140014063
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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