IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140017959
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 Marksman Marksmanship Qualification Badge with Pistol Bar.
2. The applicant states his DD Form 214 does not show that he qualified with the pistol. He qualified with a .45 pistol when he was in Germany in 1965 or 1966. He was a Radio Repairman and he was required to carry a pistol. He needs this done in order to receive a Kentucky concealed carry permit.
3. The applicant provides no additional evidence.
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 16 June 1964. He served in Germany from 17 June 1965 to 26 May 1967.
3. He was honorably released from active duty on 29 May 1967 and he was transferred to the U.S. Army Reserve.
4. The DD Form 214 he was issued shows he was awarded or authorized the:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
5. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as expert with the M-14 rifle on 29 July 1964. It does not reflect any other weapons qualifications.
6. Item 41 (Awards and Decorations) of his DA Form 20 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), National Defense Service Medal, and the Army Good Conduct Medal.
7. His record is void of orders that show he was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated in item 24 (Decorations, Medals, Badges, Commendations, Citations an Campaign Ribbons Awarded or Authorized) of the DD Form 214 list all awards on the DD Form 214 as verified by orders/documentation in the Soldier's record.
DISCUSSION AND CONCLUSIONS:
The evidence of record does not show and the applicant has not provided any evidence that shows he qualified with the pistol during his active duty service. Regrettably, in the absence of orders there is an insufficient evidentiary basis upon which to correct his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Pistol Bar.
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) AR20140017959
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ABCMR Record of Proceedings (cont) AR20140017959
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