IN THE CASE OF: BOARD DATE: 2 February 2012 DOCKET NUMBER: AR20110016281 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 (Report of Separation From Active Duty) to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 2. The applicant states his DD Form 214 erroneously lists his qualification as sharpshooter. He further states he is proud of his service and would like his accomplishments with the M-16 rifle to be correctly annotated. 3. The applicant provides his DD Form 214 and Special Orders Number 78. 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 12 October 1972. He completed basic combat and advanced individual training and was awarded military occupational specialty 05F (Radio Teletypewriter Operator Non-Morse). He was further assigned to Fort Hood, TX for the remainder of his service. The highest rank/grade he attained during this period of service was specialist four/E-4. 3. Item 29 (Qualification in Arms) of his DA Form 20 shows a sharpshooter marksmanship qualification for the M-16 rifle on 24 November 1972. Item 38 of his DA Form 20 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments. His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal. 4. On 11 October 1974, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 5. The applicant provides Special Orders Number 78, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX, dated 28 April 1974, which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 6. Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training. The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons. This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear. 7. Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. DISCUSSION AND CONCLUSIONS: 1. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, he is entitled to correction of his DD Form 214 to show this badge. 2. The applicant served honorably during the period 12 October 1972 through 11 October 1974. He attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service. His file contains no information that would have disqualified him for the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award. 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: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 12 October 1972 through 11 October 1974; b. deleting from item 26 of his DD Form 214 the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and c. adding to item 26 of his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) __________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) AR20110016281 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110016281 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1