ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20180004133 APPLICANT REQUESTS: correction of his record to show that he was awarded the Expert Marksmanship Qualification Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement * Military photos (two) 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 (ABCMR) 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, in effect: a. During training at Fort Leonard Wood, MO, he qualified expert on the M-1 Rifle. He states there was a pool among the members of his company for the highest score, which he tied with another Soldier. Once the official scores were posted, he noticed his score had been changed and substantially downgraded. The applicant states he requested a correction of his score to his company commander, but did not receive the results he was seeking and was dismissed. b. This issue has bothered him for 60 years (at the time of his application) and he would like to receive the Expert Marksmanship Qualification Badge, which he states is what he earned. The applicant states he wrote the National Personnel Records Center asking for the badge, but was told based on his record, he was entitled to a Sharpshooter Marksmanship Qualification Badge. The applicant also wrote to his senator at the time, but was referred to ABCMR. c. He had been on a rifle team for three years with numerous awards and recognition before entering military service. He states he never imagined he wouldn’t win the contest or the Expert Marksmanship Qualification Badge. The applicant states he aced the qualification, but obviously irritated his company commander. Lastly, he references the military photos he provided, pointing out both his company commander and platoon leader were wearing Expert Marksmanship Qualification Badges. 3. The applicant provided: a. His self-authored statement, detailed above. b. Military photos of his company leadership and group photos and names of members of his rifle team (with his name highlighted) at the time 4. A review of the applicant’s service record shows: a. He enlisted in the United States Army Reserve (USAR) on 2 October 1957 and served until his honorable discharge on 27 May 1958 to enlist in the Regular Army, per Item 33 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record). b. He enlisted in the Regular Army on 28 May 1958. c. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge for the M-1 Rifle reflected on the documents below: * Item 28 (Qualification in Arms) of his DA Form 20, initiated 28 May 1957 * Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record- period covering 28 May 1959 to 27 May 1961). * Special Orders Number 104, dated 14 July 1958, issued by Headquarters, 2nd Training Regiment, Basic, U.S. Army Training Center Engineer, Fort Leonard Wood, MO d. His record was void of documentation showing he qualified, authorized or awarded the Expert Marksmanship Qualification Badge during his enlistment in the Regular Army. e. Special Orders Number 102, dated 8 May 1961, issued by Headquarters, 4th Infantry Division and Fort Lewis, WA, relieved the applicant from active duty on 9 May 1961, and assigned him to the U.S Army Reserve Control Group (Annual Training) the next day. f. His DD Form 214 shows he was honorably released from active duty on 9 May 1961. He completed 2 years 11 months, and 12 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded or authorized any medals or badges. 5. Army Regulation (AR) 600-8-22 (Military Awards), 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. The applicant was awarded the Sharpshooter Marksmanship Qualification Bade with Rifle Bar. 6. Award of marksmanship badges are not permanent. 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. 7. Department of the Army Pamphlet (DA PAM) 350-38 (Standards in Training Commission), in effect at the time, provides commanders with the training strategies, in part, for individual weapons training. The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons. This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. His record shows he qualified as a sharpshooter with the M-1 rifle; however, the qualification badge is not listed on his separation document. The Board agreed there is sufficient evidence that shows he should be awarded the Army Good Conduct Medal for his service, and the National Defense Service Medal for serving between 1 January 1961 and 14 August 1974. Finally, there is no evidence he qualified as an expert with any weapon. 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 (1st Award) for exemplary service from 26 May 1958 through 9 May 1961, and adding the following to his DD Form 214 for the period ending 9 May 1961: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) 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 adding the Expert Marksmanship Qualification Badge. 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 600-8-22, paragraph 8-39, 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. The applicant was awarded the Sharpshooter Marksmanship Qualification Bade with Rifle Bar. 3. Award of marksmanship badges are not permanent. 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. 4. Department of the Army Pamphlet 350-38, in effect at the time, provides commanders with the training strategies, in part, for individual weapons training. The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons. This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004133 4 1