IN THE CASE OF:	  

		BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110021444 


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 Badge with Rifle Bar (M-14).

2.  The applicant states he qualified expert with his M-14 on 29 March 1969 at Fort Carson, CO.

3.  The applicant provides page 1 of his DA Form 20 (Enlisted Qualification Record).

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 he was inducted into the Army of the United States on 17 August 1967 and he held military occupational specialty 13B (Field Artillery Crewman).  He served in Vietnam from 13 January 1968 through 10 January 1969.

3.  Special Orders Number 125, dated 5 May 1969, issued by Headquarters, 5th Infantry Division and Fort Carson, Fort Carson, CO, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) effective 29 March 1969.

4.  He was honorably released from active duty on 2 June 1969 and was transferred to the U.S. Army Reserve.  He completed 1 year, 9 months, and 16 days of creditable active service.

5.  Neither his DD Form 214 nor his DD Form 215 (Correction to DD Form 214), dated 10 June 2011, shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

DISCUSSION AND CONCLUSIONS:

Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214 or his DD Form 215.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

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



adding to his DD Form 214 the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).



      _______ _   _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)                                         AR20110021444





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ABCMR Record of Proceedings (cont)                                         AR20110021444



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