BOARD DATE: 27 March 2018 DOCKET NUMBER: AR20160013243 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: 27 March 2018 DOCKET NUMBER: AR20160013243 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: 27 March 2018 DOCKET NUMBER: AR20160013243 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 (Report of Separation from Active Duty) to list the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) instead of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). He also requests a personal hearing before the Board. 2. The applicant states he recalls he scored expert on his weapon and his old photos show him in uniform with the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars. 3. The applicant provides a photo and a page from his U.S. Passport. 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 New Hampshire Army National Guard (NHARNG) on 7 March 1979. He entered initial active duty for training (IADT) on 27 April 1979. 3. On 19 July 1979, he was honorably release from IADT and transferred to The Adjutant General of the State of New Hampshire. The DD Form 214 he was issued shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Hand Grenade Bar. He served on active duty for 2 months and 23 days. 4. There are no orders in his military personnel file to corroborate his claim to the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) earned while in an IADT status. 5. The applicant provides a photograph which appears to show the applicant with the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars affixed to his uniform. The photograph is annotated with the title "NHARNG NCO [Noncommissioned Officer] School” and his rank is shown as sergeant/pay grade E-5. REFERENCES: 1. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. 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. 3. Army Regulation 635-5 (Personnel Separation – Separation Documents) in effect at the time stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. For Soldiers of the Reserve Component, a DD Form 214 is issued after completing IADT which resulted in the award of a military occupational specialty even if the active duty was for less than 90 days. DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant are sufficient to render a fair and equitable decision at this time. 2. There is no evidence in his available records and he did not provide evidence in the form of official orders or a weapons score card to support award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) earned while on active duty for a period of 90 days or more or while in an IADT status. 3. From the photograph provided by the applicant, it appears while a member of the NHARNG serving in a reserve status not on active duty he qualified with his weapon and received the appropriate marksmanship badge. As it appears he earned the badge after his period of active duty in 1979, it would not have been recorded on the DD Form 214 for that period of active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013243 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013243 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2