IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150005887 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 the Marksmanship Qualification Badge. 2. The applicant states the award is not listed on his DD Form 214. 3. The applicant provides 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 was inducted into the Army of the United States on 21 April 1966. He was honorably discharged on 26 April 1966 for the purpose of immediate enlistment in the Regular Army. 3. He enlisted in the Regular Army on 27 April 1966 and he held military occupational specialty 76P (Stock Control and Accounting Specialist). 4. His DA Form 20 (Personnel Qualification Record) shows in item 29 (Qualification in Arms) he fired his M-14 rifle on 2 June 1966. The degree of qualification (Expert, Sharpshooter, or Marksman) or score is not indicated. 5. He served in Germany from on or about 5 May 1967 to on or about 6 April 1969. He was assigned to Headquarters and Company A, 126th Maintenance Battalion. 6. He was honorably released from active duty on 10 April 1969. His DD Form 214 shows he completed 2 years, 11 months, and 14 days of active service and he had no lost time. It also shows he was awarded or authorized the National Defense Service Medal. 7. 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, for example, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. 8. Award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired. 9. Army Regulation 600-200 (Enlisted Personnel Management) governed the preparation of the DA Form 20. The version in effect at the time required an entry in item 29 of the DA Form 20 to show the member's qualification in arms to include the weapon system, firing course, qualification (or familiarization), score and date. DISCUSSION AND CONCLUSIONS: The applicant's DA Form 20 contains an entry that shows he fired his M-14 rifle on 2 June 1966. However the type of qualification (i.e., familiarization or actual qualification) and degree of qualification (Expert, Sharpshooter, or Marksman) or score are not indicated. As such, there is insufficient evidence to show whether he qualified or simply familiarized himself with the weapon. But even if he had qualified, there is equally insufficient evidence to show the degree of qualification with this weapon system. Furthermore, there are no special orders published to support such qualification. 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) AR20150005887 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005887 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1