IN THE CASE OF:	  

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090012285 


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, all of the awards to which he is entitled be entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 12 June 1959.

2.  The applicant did not make any statements in support of his application.

3.  The applicant provides a copy of his DD Form 214.

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 military personnel records show he enlisted in the U.S. Army Reserve on 9 September 1957 and entered active duty on that date.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 703.10 (Broadcast Specialist).

3.  On 22 November 1957, the applicant was assigned to the 4th Radio Broadcasting Company, 1st Radio Broadcasting and Leaflet Battalion, at Fort Bragg, NC.

4.  On 18 July 1958, the applicant was assigned to Headquarters and Headquarters Company, 18th Airborne Corps, at Fort Bragg, NC.

5.  Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 (Service Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar on 11 October 1957 and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on 15 October 1958.

6.  On 12 June 1959, the applicant was released from active duty.  He had completed 1 year, 9 months, and 4 days of active service that was characterized as honorable.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the entry "None."

7.  Army Regulation 600-8-22 (Military Awards) states the basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends all of his awards are not entered on his DD Form 214.

2.  The applicant's service record shows his last weapons qualification was the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be entered in item 26 of his DD Form 214.


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 item 26 of his DD Form 214 with an effective date of 12 June 1959 to show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.



      __________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)                                         AR20090012285



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ABCMR Record of Proceedings (cont)                                         AR20090012285



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