IN THE CASE OF:	  

		BOARD DATE:  20 September 2012

		DOCKET NUMBER:  AR20120005845 


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 show the Marksman Marksmanship Qualification Badge with Rifle Bar. 

2.  The applicant states he qualified with his weapon, the M-1 rifle, during basic combat training at Fort Riley in 1959.    

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) 
* Letters from the U.S. Army Human Resources Command
* Official orders for award of the Army Good Conduct Medal
* Multiple letters to and from general officers
* Photographs of Soldiers

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 9 March 1959.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 732.10 (Disbursing Specialist).  

3.  Item 28 (Qualifications in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified marksman with the M-1 rifle on 1 May 1959.  

4.  He was honorably released from active duty on 28 February 1961.  His DD Form 214 did not list any awards, decorations, or badges. 

5.  On 15 July 2003, he was issued a DD Form 215 that added awards of the National Defense Service Medal and the Army Good Conduct Medal. 

6.  He submits various correspondence to and from general officers and other officials inquiring about his marksmanship badge.

DISCUSSION AND CONCLUSIONS:

The applicant fired marksman with his M-1 rifle in May 1959.  He is entitled to correction of his DD Form 214 to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

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 to his DD Form 214 the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). 



      __________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)                                         AR20120005845



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ABCMR Record of Proceedings (cont)                                         AR20120005845



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