IN THE CASE OF:
BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140018197
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 the Marksman Marksmanship Qualification Badge with Grenade Bar be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 17 April 1997.
2. The applicant states he attached the Hand Grenade Qualification Scorecard that shows he qualified as marksman with the hand grenade.
3. The applicant provides:
* his Hand Grenade Qualification Scorecard
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated
21 April 2011
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 21 November 1995, he enlisted in the Regular Army.
3. The qualification scorecard he submitted shows he qualified as marksman with the hand grenade.
4. On 17 April 1997, he was discharged in lieu of trial by court-martial. He completed 8 months and 27 days of net active service that was characterized as under other than honorable conditions. He had 240 days of time lost. His
DD Form 214 does not show the Marksman Marksmanship Qualification Badge with Grenade Bar.
5. His temporary DA Form 2-1 (Personnel Qualification Record) that was reconstructed on 26 September 1996 does not show he was awarded the Marksman Marksmanship Qualification Badge with Grenade Bar.
6. There are no orders in his official military personnel file awarding him the Marksman Marksmanship Qualification Badge with Grenade Bar.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. Paragraph 1-26 states permanent awards of badges, except basic marksmanship qualification badges, identification badges, and the Physical Fitness Badge will be announced in permanent orders by commanders authorized to make the award or permanent orders of Headquarters, Department of the Army.
b. Paragraph 8-2b states marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified in prescribed weapons firing courses or events.
c. Paragraph 8-47 states a basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes, Expert, Sharpshooter, and Marksman. The only weapons for which component bars are authorized are in table 8-2, which includes the grenade. Basic marksmanship qualification badges are awarded to U.S. military and civilian personnel, and to foreign military personnel who qualify as prescribed.
DISCUSSION AND CONCLUSIONS:
1. Announcement in orders of marksmanship qualification badges is not required. His DA Form 2-1 was a temporary form reconstructed on
26 September 1996. It is reasonable to conclude any awards/qualifications he may have received prior to that date would not be included on the temporary form.
2. The Hand Grenade Qualification Scorecard he submitted shows he qualified as marksman with the hand grenade. Therefore, there is sufficient evidence to add the Marksman Marksmanship Qualification Badge with Grenade Bar to 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 adding the Marksman Marksmanship Qualification Badge with Grenade Bar to his DD Form 214 with a separation date of 17 April 1997.
____________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) AR20140018197
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ABCMR Record of Proceedings (cont) AR20140018197
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