IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110014552


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 (Certificate of Release or Discharge from Active Duty) to show award of the Marksmanship Qualification Badge with Grenade Bar.

2.  The applicant states that his record is in error because he qualified for the badge during basic combat training.

3.  The applicant provides a photo of a platoon of men at Fort Jackson, SC, and a letter from the National Personnel Records Center, St. Louis, MO, dated        15 June 2011.

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 10 August 1972.  He completed training and he was awarded military occupational specialties (MOS) 36K (Tactical Wire Operations Specialist) and 31V (Tactical Communications Systems Operator/Mechanic).  

3.  On 15 August 1980, he was honorably discharged at the completion of his required service.  On 13 April 1981, he reenlisted in the Regular Army and entered active duty.   

4.  On 7 February 1986, he was honorably retired with disability.  The highest rank/grade he attained while serving on active duty was staff sergeant/E-6.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Army Good Conduct Medal (3rd Award), Army Achievement Medal (2nd Award), Army Service Ribbon, Overseas Service Ribbon, and Noncommissioned Officer (NCO) Professional Development Ribbon.

6.  There is no documentation in his available record, nor has he provided any documentation, that shows he qualified with the hand grenade.

7.  He provides a photo of a platoon of men at Fort Jackson, SC.

8.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - 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.  The qualification should be shown as:  Marksman Marksmanship Qualification Badge with Grenade Bar.  

DISCUSSION AND CONCLUSIONS:

His record is void of any evidence to show he qualified with the hand grenade; therefore, he is not entitled to correction of his DD Form 214 to show award of the Marksmanship Qualification Badge with Grenade Bar. 







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 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110014552



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