RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 February 2008 DOCKET NUMBER: AR20070016191 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Mohammed R. Elhaj Analyst The following members, a quorum, were present: Mr. Richard T. Dunbar Chairperson Ms. Marla J. N. Troup Member Mr. David R. Gallagher Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Expert Marksmanship Qualification Badge with Pistol Bar. 2. The applicant states that the award was left off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 6 March 1972, due to an administrative oversight. 3. The applicant provides a copy of his DD Form 214, dated 6 March 1972; DD Form 215 (Correction to the DD Form 214), dated 27 March 2007, and DA Form 20 (Enlisted Qualification Record), dated 20 December 1971, 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's records show that he enlisted in the Regular Army on 7 July 1969 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). However, he was subsequently reclassified and served his entire military service in MOS 71H (Personnel Management Specialist). The highest rank he attained during this period of enlistment was specialist four/pay grade E-4. The applicant's records also show that he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 6 March 1972. 3. The applicant’s records further show that he served in the Republic of Vietnam during the period 11 December 1971 to 5 March 1972. He was assigned to Headquarters and Headquarters Company, 1st Signal Brigade. 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal and the Vietnam Campaign Medal with two stars. Item 24 does not show award of the Expert Marksmanship Qualification Badge with Pistol Bar. 5. The applicant was issued a DD Form 215 on 27 March 2007 correcting his DD Form 214 to show award of the Parachutist Badge, the Republic of Vietnam Campaign Medal with 1960 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Machinegun Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar. 6. The applicant's records do not contain Special Orders awarding the applicant the Expert Marksmanship Qualification Badge with Pistol Bar. 7. Item 29 (Qualification in Arms) of the applicant’s DA Form 20 shows that he qualified expert with the M1911A1 Pistol on 8 February 1972. 8. Army Regulation 600-8-22 (Military Awards) sets forth the 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. Chapter 8 of the current version of the regulation states, in pertinent part, that Permanent Orders are not required for award of the Marksmanship badges. Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form. DISCUSSION AND CONCLUSIONS: The applicant’s record shows that he successfully qualified Expert with the M1911A1 Pistol as evidenced by the entry in Item 29 of his DA Form 20. Despite the absence of Special Orders in his records, there is sufficient evidence to award him the Expert Marksmanship Qualification Badge with Pistol Bar. Therefore, he is entitled to correction of his records to show this award. BOARD VOTE: __rtd___ __mjnt__ __drg___ 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 showing award of the Expert Marksmanship Qualification Badge with Pistol Bar. Richard T. Dunbar ______________________ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.