IN THE CASE OF: BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20160000646 BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20160000646 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 March 1969 by deleting the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (as added by a DD Form 215 (Correction to DD Form 214) on 15 December 2011) and adding 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. IN THE CASE OF: BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20160000646 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 records to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. 2. The applicant states his records show he qualified as a sharpshooter with the M14 rifle. As his orders clearly show, he qualified as an expert while requalifying as a member of the 5th Infantry Division. 3. The applicant provides Special Orders Number 317, issued by Headquarters, 5th Infantry Division (Mechanized) on 12 November 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 enlisted in the Regular Army on 6 June 1966. He entered active duty, completed his initial entry training, and was awarded military occupational specialty 71B (Basic Army Administration). 3. Special Orders Number 214, issued by Headquarters U.S. Army Training Center and Fort Leonard Wood on 2 August 1966, show he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 26 July 1966. 4. Special Orders Number 317, issued by Headquarters, 5th Infantry Division (Mechanized) on 12 November 1968, show he qualified for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 16 September 1968. 5. The applicant was honorably released from active duty on 14 March 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) the following day. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with 1 bronze service star * Republic of Vietnam Campaign Medal with Device (1960) 6. The Army Board for Correction of Military Records (ABCMR), under Docket Number AR20110004546, issued a DD Form 215 (Correction to DD Form 214) on 15 December 2011, wherein it corrected the applicant's DD Form 214 for the period ending 14 March 1969 by deleting his previously noted awards and replacing them with the following: * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Marksmanship Qualification Badge is awarded to indicate the degree in which an individual, military, or civilian has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. 2. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 12 November 1968. This superseded Special Orders Number 214, dated 2 August 1966, which awarded the applicant the Sharpshooter Qualification Badge with Rifle Bar (M-14). The Expert Marksmanship Qualification Badge with Rifle Bar (M-14) is not shown on the applicant's DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000646 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2