BOARD DATE: 1 March 2016 DOCKET NUMBER: AR20150008663 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 Expert Marksmanship Qualification Badge with Rifle Bar (M-14) vice the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 2. The applicant states: a. His DD Form 214 shows he qualified as sharpshooter with the rifle but he actually qualified as expert. He knows it is a small thing in the grand scheme of things; however, when his time here is done he wants to be buried as an expert rifleman. Until 3 days ago, he did not know there was an appeal process. b. He discovered the error when he was discharged but no one would listen to his issue and it has bothered him for over 40 years. He believes the unit clerk made an error when he listed his qualification as sharpshooter instead of expert. It is a decoration on the uniform and should be treated with respect. 3. The applicant provides no additional evidence. 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 7 September 1967. He was assigned for basic combat training to the 4th Battalion, 1st Training Brigade, Fort Jackson, SC. 3. Special Orders (SO) Number 237, dated 3 November 1967, issued by Headquarters (HQ), 1st Training Brigade, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), effective 24 October 1967. 4. On 13 March 1968, he was assigned to the 5th Battalion, 1st Artillery, Germany. 5. SO Number 9, dated 16 January 1969, issued by HQ, 5th Battalion, 1st Artillery, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), effective 13 August 1968. 6. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as sharpshooter with the M-14 rifle on 13 August 1968. 7. He was honorably released from active duty on 20 August 1969 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows, in part, award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 8. 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 (i.e. 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. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant qualified as sharpshooter with the M-14 on 13 August 1968. While he may have qualified as expert with the M-14 in 1967, as sharpshooter was the last weapons qualification he attained with the M-14, this badge was correctly entered on his DD Form 214. 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 that 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) AR20150008663 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008663 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1