IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000188 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 IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000188 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. IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000188 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 Marksmanship Qualification Badge with Grenade and Rifle Bars (M-16 and M-60). 2. The applicant states the badges were not included on his DD Form 214. 3. The applicant provides a copy of 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 enlisted in the Regular Army on 13 January 1969. 3. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as a marksman with the M-14 rifle on 20 February 1969. Item 41 (Awards and Decorations) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. There are no orders in the applicant's records that show he was awarded additional Marksmanship Qualification Badges. Additionally, the applicant’s record is devoid of any documentary evidence and he has failed to provide any evidence that he qualified with additional weapons during a prescribed record fire course. 5. The applicant was honorably released from active duty on 20 October 1971. The DD Form 214 he was issued shows he was awarded or authorized the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). REFERENCES: Chapter 8 of Army Regulation 600-8-22 (Military Awards) states that the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties. Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified [emphasis added] 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. Orders are no longer required for award of the marksmanship qualification badges. Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form. DISCUSSION: The applicant's record is devoid of any evidence and he has not provided any evidence that shows he qualified with any weapon other than the M-14 rifle during his tenure in the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000188 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000188 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2