ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:
	BOARD DATE:       29 March 2019

	DOCKET NUMBER:  AR20170014925


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from Active Duty) to include the Expert Marksmanship Qualification Badge with Pistol Bar and any additional decorations, medals, badges, commendations, and citations he is authorized.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 47 (Record of Induction)
* DD Form 214
* DA 20 (Enlisted Qualification Record)
* Lapeer County Department of Veterans Affairs letter, dated 11 October 2016
* National Personnel Records Center letter, dated 24 October 2016
* Standard Form 180 (Request Pertaining to Military Records)
* Letters of commendation
* Letter of appreciation

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:

* he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar
* he believe he is entitled to additional awards not listed on his DD Form 214

3.  A review of the applicant's service records show:

* he was inducted into the Army of the United States on 16 October 1972
* he was relieved from active duty on 15 October 1974
* he served two years of active service

4.  The applicant provided:

* Letters of commendation for outstanding duty performance and job well done
* Letter of appreciation for outstanding job performance
* DA Form 20
* DD Form 214

5.  His DD Form 214 and DA Form 20 show he was authorized or awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the National Defense Service Medal.  Item 29 (Qualification in Arms) of his DA Form 20 does not show that he qualified with a pistol.  The available records do not contain orders awarding him a Marksmanship Qualification Badge with Pistol Bar.

6.  His DA Form 20 shows his conduct and efficiency ratings were “excellent” throughout his service.  There is no derogatory information in his record.  

7.  The regulation governing preparation of the DD Form 214 did not provide for recording letters of commendation or appreciation on the form.

8.  Award of a Marksmanship Qualification Badge requires documentation confirming the degree, Expert, Sharpshooter, or Marksman, in which an individual has qualified in a prescribed record course for a particular weapon.  

9.  The Army Good Conduct Medal may be awarded to Soldiers upon termination of a period of active Federal military service of more than 1 year but less than 3 years.  The regulation in effect at the time required that the Soldier have all “excellent” conduct and efficiency ratings and no convictions by court-martial.

BOARD DISCUSSION:

The Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal for the period of his active duty service and adding the Army Good Conduct Medal to his DD Form 214.  However, the Board further determined the evidence presented is insufficient to warrant award of the Expert Marksmanship Qualification Badge with Pistol Bar. 

  



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal for the period of his active duty service and adding the Army Good Conduct Medal to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above.
	 
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.  Army Regulation 635-5 (Separation Documents), then in effect, provided instructions for completing the DD Form 214.  The regulation did not provide for recording letters of commendation or letters of appreciation on the DD Form 214.  

3.  Army Regulation 600-8-22 (Military Awards) provides that marksmanship qualification badges are 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 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.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.  If the bar, which is revoked automatically, is the only one authorized to be worn on the respective basic qualification badge, the award of the badge likewise is revoked automatically.  An award once revoked will not be reinstated.

4.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service of more than 1 year but less than 3 years.  The regulation in effect at the time required that the Soldier have all “excellent” conduct and efficiency ratings and that the Soldier have no record of conviction by court-martial.    

ABCMR Record of Proceedings (cont)	 AR20170014925
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