IN THE CASE OF: BOARD DATE: 20 March 2012 DOCKET NUMBER: AR20110017434 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 award of the Expert Marksmanship Qualification Badge with the .30 caliber M-1 rifle. 2. The applicant states there appears to have been a clerical error at his company level and his accomplishment was not recorded on his DD Form 214. In a letter to his congressman, the applicant states: * he qualified with a .30 caliber M-1 rifle in March 1960 * he achieved 92 target hits out of a possible 100 rounds of ammunition * 4 other Soldiers from his company also qualified as expert on the same day 3. The applicant provides self-authored statements. 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 complete record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed most of his records were lost or destroyed in that fire. This case is being considered using the documents which were contained in his health records. 3. The available records show the applicant enlisted in the Massachusetts Army National Guard on 21 December 1959 for a period of 3 years. He was ordered to active duty on 14 February 1960 for training. He completed training and was awarded military occupational specialty 111 (Light Weapons Infantryman). The highest rank/grade he attained while on active duty was private/E-2. 4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows "NA." 5. Special Orders Number 224, U.S. Army Personnel Center Fort Dix, Fort Dix, NJ, dated 11 August 1960, shows the applicant was released from active duty and assigned to his home of record. 6. The applicant's DA Form 20 (Enlisted Qualification Record) is not available. 7. The applicant was released from active duty on 13 August 1960. His DD Form 214 shows he completed 6 months of active service. 8. A review of his personnel service records failed to show evidence and he did not provide any evidence showing that he was ever awarded or recommended for award of the Expert Marksmanship Qualification Badge. 9. 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 – 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. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for award of the Expert Marksmanship Qualification Badge was carefully considered. 2. In the absence of documentation showing the applicant was awarded the Expert Marksmanship Qualification Badge, there is an insufficient basis upon which to grant the request. 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) AR20110017434 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017434 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1