ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 August 2019

	DOCKET NUMBER:  AR20170014897


APPLICANT REQUESTS:  correction of his marksmanship (M14) badge by adding the “E2” designator for the weapon on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) - Vietnam Service Medal
* DD Form 215 - Good Conduct Medal
* DA Form 20 (Enlisted Qualification Record) (illegible)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

a.  His DD Form 214 states he was a sharpshooter and marksman on the same
weapon (M14).  The M14E2 was essentially an automatic rifle.  The “E2” designation is omitted from his M14 marksmanship badge qualification

b.  The applicant states, on his DA Form 149, in item 9, that he provided a photo of
an M14E2 rifle.  The photo was not attached with his submitted documents. 


3.  The applicant provides:

a. A copy of his 9 December 1968, DD Form 214 that shows, in item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the following:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Sharpshooter Badge (M-14)
* Marksman Badge (M-14)
* 2 overseas service bars
* Army Commendation Medal

b.  A copy of his DD Form 215, dated 14 July 2010, correcting his DD Form 214 by
removing the Vietnam Service Medal (VSM), and adding VSM w/1 Silver Service; Republic of Vietnam Gallantry Cross Unit Citation w/Palm; expert badge w/M60 Machine Gun.

c.  A copy of his DD Form 215, dated 7 February 2014, correcting his DD Form 214
by adding the Army Good Conduct Medal.

d.  A copy of his DA Form 20 that shows in:

(1) item 29 (Qualification in Arms): in effect he qualified with the following weapons:

* 3 June 1967, M14 rifle, course TF, sharpshooter (SS)
* 7 July 1967, M14 rifle, course EL, marksman (MM)
* 13 July 1967, M60 machine-gun, course NA, expert (EXP)

(2) item 41 (Qualification in Arms): in effect he was awarded or authorized the following badges:

* Expert Badge: Machinegun M60
* Sharpshooter Badge: Rifle M14

4.  The complete service record is not available for review:

5.  On 27 April 2018, the applicant submitted a letter to the Army Review Boards Agency (ARBA) inquiring about his case he submitted in an effort to have (E2) added to one of his M14 qualifications.  In it, he states:

a.  His DD Form 214 currently shows both the sharpshooter and separately
marksman with the M14.  In reality the marksman badge was for the automatic rifle (E2) version of the M14. 
 
b.  In the summer of 1967, he qualified on both the M14E2 and M60 machinegun at
Fort Ord, CA as part of their 11B10 infantry school, and both weapons are noted on his DA Form 20.

c.  He did not know if the matter was too trivial to be reviewed or why he had not
received a reply to his July 2017 request. It’s not all that important, but it occurred to him that a descendent of his in the future may be confused with both the sharpshooter and marksman on the M14.  He enclosed a copy of his original DD Form 149 dated 
17 July 2017.

6.  On 23 July 2018, the ARBA responding to the applicant’s letter indicating his application was still open and pending review by the staff of the Army Board for Correction of Military Records (ABCMR) before presentation to the Board.  

7.  By Army Regulation (AR) 635-5, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  The information entered thereon reflects the conditions as they existed at the time of separation.  The applicant was an overseas returnee when he separated from service.  He was transferred to the United States Army Reserve Control Group (Annual Training).  
8.  By AR 672-5-1 (Awards), in effect at the time, stated the awarding of badges and tabs provides for public recognition of tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in performance of duties.  For marksmanship badges, there is no provision for adding the model of weapons to bars.

9.  By AR 15-185 (ABCMR), the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that there was insufficient evidence to show that the applicant qualified expert on the M14.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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.


REFERENCES:
1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  AR 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 begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

3.  Army Regulation (AR) 672-5-1 (Awards), in effect at the time, stated the awarding of badges and tabs provides for public recognition of tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in performance of duties.

a.  Section II (Marksmanship Badges and Tabs) provides, a basic marksmanship
qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which he qualified.  Each bar will be attached to the basic badge which indicates the qualification last attained with the respective weapon.  

b.  Basic qualification badges are expert, sharpshooter, and marksman. The “Rifle”
bar is authorized for qualification with a rifle, the “Machinegun” bar is authorized for qualification with a machinegun, and the “Auto Rifle” bar is authorized for qualification with an automatic rifle.  

4.  AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  It stated for item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) to enter information from the DA Form 20 listing all decorations, service medals, campaign credits, and badges awarded or authorized, omitting the authorities cited.

ABCMR Record of Proceedings (cont)	 AR20170014897


4


1