IN THE CASE OF: BOARD DATE: 4 November 2008 DOCKET NUMBER: AR20080008436 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, that his DD Form 214 (Report of Separation from Active Duty) be corrected to show that his rank was private first class, pay grade E-3. He also requests that the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, and the National Defense Service Medal be shown as authorized awards. 2. The applicant states, in effect, that he was separated in pay grade E-3 and had qualified as an Expert with the hand grenade. 3. The applicant provides copies of his DD Form 214 and NGB Form 22 (National Guard Bureau Report of Separation and Record of Service), in support of his application. 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 and entered active duty in the Regular Army on 27 June 1974. 3. His DA Form 2-1 (Personnel Qualification Record) has an incomplete entry for the Marksman Marksmanship Qualification Badge for the M-16 Rifle. The absence of a date indicates that he did not, in fact, qualify. 4. He was advanced to pay grade E-2 on 27 October 1974. On 6 December 1974, he was honorably discharged under the Trainee Discharge Program. 5. On 29 September 1978 the applicant enlisted in the Tennessee Army National Guard in pay grade E-2. He was discharged, in the same grade, at the expiration of his term on service on 28 September 1979. 6. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman. 7. Army Regulation 600-8-22 also provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. DISCUSSION AND CONCLUSIONS: 1. There is no evidence of record to show that the applicant was advanced to a grade beyond pay grade E-2 during his active duty service. Therefore, there is no basis to correct his record to show he was an E-3 at the time of his discharge. 2. There is no available record to substantiate the applicant's request for award of the Expert Marksmanship Qualification Badge with Grenade Bar or the Marksman Marksmanship Qualification Bade with Automatic Rifle Bar. Therefore, he is not entitled to have these marksmanship badges added to his DD Form 214. 3. The applicant honorably served during a qualifying period for award of the National Defense Service Medal. Therefore, he is entitled to award of the National Defense Service Medal and to have this award added to his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X____ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the National Defense Service Medal and adding this award to his DD Form 214. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his pay grade to show E-3 and award of marksmanship qualification badges. __________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) AR20080008436 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008436 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1