IN THE CASE OF:
BOARD DATE: 27 October 2015
DOCKET NUMBER: AR20150003963
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 (Certificate of Release or Discharge from Active Duty) to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
2. The applicant states his DD Form 214 does not reflect his marksmanship badge. His Enlisted Record Brief (ERB) from just prior to his discharge shows his most recent qualification score with the M-16 was 36, which is considered an expert score. He thinks it was an oversight that it was not listed on his DD Form 214. He previously had an issue regarding the Army Good Conduct Medal that was not on his DD Form 214 and the issue was corrected by the Army Board for Correction of Military Records (ABCMR). He has seen that other veterans have their marksmanship badges noted on their DD Forms 214 and feels it is fair that his should be noted as well.
3. The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214), and ERB.
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 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's record shows he enlisted in the Regular Army on 15 August 2006 and he held military occupational specialty 11B (Infantryman). He served in Afghanistan with his assigned unit from 30 June 2008 to 19 Jun 2009.
3. He was honorably released from active duty on 1 January 2010 and he was transferred to the Virginia Army National Guard.
4. The DD Form 214 he was issued shows, in part, award of the Combat Infantryman Badge and Parachutist Badge but does not reflect any weapons qualification badges.
5. The applicant provides and his record contains his ERB, dated 9 December 2009, wherein it shows on 13 May 2008 he qualified with the M-16 and scored 36 on DA Form 3595 (Record Fire Scorecard). A review of this form shows a score of 36-40 equates to an expert rating.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant qualified as expert with the M-16 on 13 May 2008 and would have been awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). As this is the last weapons qualification annotated in his record, he meets the criteria to have his DD Form 214 corrected to show this badge.
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 amending his DD Form 214 by adding the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
____________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) AR20150003963
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ABCMR Record of Proceedings (cont) AR20150003963
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