BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016493 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016493 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. BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016493 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received Army weapons qualification badges for the following: * M-14 Rifle * M-16 Rifle * .45 Caliber Pistol * M-60 Machine Gun * M-2 Machine Gun * M-20 Grenade Launcher 2. He states he discovered the qualification badges were missing from his DD Form 214. 3. He provides his DD Form 214 and a DA Form 750 (Record of Training), dated 9 July 1968. 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 19 March 1968. He was trained in and awarded military occupational specialty 64A (Light Vehicle Driver). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 14 January 1969 to 13 January 1970. Item 41 (Awards and Decorations) of this form shows he was awarded the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Order (SO) 115, Headquarters U.S. Army Training Center, dated 10 May 1968 * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) by SO 285, Headquarters U.S. Army Training Center, dated 22 November 1968 4. A DA Form 750, dated 9 July 1968, shows the applicant satisfactorily completed the following courses on 28 June 1968: * M-14, Rifle 7.62 MM (millimeter) * M-16A1, Rifle 5-56 MM * M-1911A1, Pistol Caliber .45 * M-60, Machine Gun 7.62 MM * M-2, Machine Gun Caliber .50 * M-20 Launcher 3.5 inch 5. He was honorably released from active duty on 14 January 1970. His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16). 6. His record is void of orders or a qualification record that indicates his degree of proficiency with the pistol, machine gun, and grenade launcher. REFERENCES: 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. (Examples: Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.) DISCUSSION: The evidence of record shows the applicant qualified as sharpshooter with the M-16 and M-14 rifles, which is correctly annotated on his DD Form 214. Although he provides a DA Form 750 that shows he satisfactorily completed a course with the pistol, machine gun, and grenade launcher, there are no orders or a qualification record to indicate he qualified with these weapons and the degree of qualification. The available evidence does not confirm that he completed the prescribed record course and earned qualification badges for each of these weapons. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016493 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016493 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2