IN THE CASE OF:
BOARD DATE: 11 August 2015
DOCKET NUMBER: AR20140021620
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the weapons qualification badges for the M-16 rifle and the .50 caliber and M-60 machine guns.
2. The applicant states that record keeping was lax in Vietnam and these badges were never added to his DD Form 214.
3. The applicant provides 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 was inducted into the Army of the United States on 4 October 1966. He completed his initial entry training and was awarded military occupational specialty 71M (Chaplain Assistant).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 29 (Qualification in Arms), he qualified as Expert with the M-14 rifle on 10 May 1968;
b. item 31 (Foreign Service), he served in Vietnam from 7 March 1967 to 3 March 1968;
c. item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Battery, 25th Infantry Division Artillery, from 12 March 1967 to 28 February 1968 as a clerk typist and chaplain assistant; and
d. item 41 (Awards and Decorations), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), but no marksmanship qualification badges for the M-16 rifle or .50 caliber and M-60 machine guns.
4. His records do not contain any evidence that shows he qualified with or was awarded weapons qualification badges for the M-16 rifle or .50 caliber and M-60 machine guns.
5. On 3 October 1968, he was released from active duty after completing 2 years. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Army Commendation Medal, Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
6. 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. Award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired. Badges were announced in orders by a commander in the rank or position of lieutenant colonel/pay grade O-5.
DISCUSSION AND CONCLUSIONS:
A thorough review of the applicant's official military personnel record shows no evidence of special orders that announced award of additional weapons qualification badges nor were there entries on his DA Form 20 to indicate he qualified with the M-16 rifle or the .50 caliber and M-60 machine guns. The applicant did not provide documents to support his statement that he qualified with these weapons. Therefore, in the absence of evidence to show he was awarded additional badges, there is an insufficient evidentiary basis to grant the requested relief.
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 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) AR20140021620
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140021620
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