BOARD DATE: 20 July 2020 DOCKET NUMBER: AR20190015651 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) instead of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 28 October 2019 * DD Form 214 for the period ending 15 June 1984 * undated photograph of a Soldier FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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: a. He earned the Expert Marksmanship Qualification Badge with Rifle Badge (M-16) during his basic training. b. He wore his badge throughout his 4 years of service. He believes he deserves the badge and he wants it restored on his DD Form 214. 3. The applicant enlisted in the U.S. Army Reserve Delayed Entry Program on 24 April 1980 and he entered active duty on 17 June 1980. 4. On 25 June 1980, he was assigned to Company A, 7th Battalion, 2nd Basic Training Brigade for Basic Combat Training. 5. On 22 August 1980, he completed Basic Combat Training with an assigned status of enroute to Fort Hood, TX, for Advanced Individual Training. 6. On 27 August 1980, he was assigned to Advanced Individual Training, Advanced Individual Training Company 1, 12th Cavalry, 1st Cavalry Division, Fort Hood, TX. 7. On 19 October 1981, his status was shown as enroute to Germany. 8. On 21 November 1981, he was assigned to Company A, 3d Battalion, 6th Infantry, Berlin Brigade, Germany. 9. He served in Germany from 21 November 1981 to15 October 1983. 10. On 15 October 1983, his status was shown as enroute to the continental United States. 11. On 15 November 1983, he was assigned to Company C, 3d Battalion, 32d Infantry Regiment, 7th Infantry Division, Fort Ord, CA. 12. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded or authorized the: * Army Service Ribbon * Overseas Service Ribbon * Army of Occupation Medal * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) with a qualification date of 13 December 1982 * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) with a qualification date of 26 August 1982 * Marksman Marksmanship Qualification Badge with Grenade Bar (M-203) with a qualification date of 19 January 1983 13. On 15 June 1984, he was released from active duty and transferred to the U.S Army Reserve Control Group (Reinforcement). Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * Army Service Ribbon * Overseas Service Ribbon * Army of Occupation Medal * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar (M-203) 14. His records are void of orders awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board noted that a Soldier's most recent qualification score with a weapon dictates which Marksmanship Qualification Badge the Soldier is authorized to wear. In this case, the record clearly shows the applicant scored as a Sharpshooter with the M-16 on or about 26 August 1982. In the absence of evidence showing the applicant earned an Expert qualification score with the M-16 after that date, the Board determined the applicant's DD Form 214 correctly shows his level of qualification at the time of his release from active duty. 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, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The 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. a. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. b. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. c. 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. d. 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. e. An award once revoked will not be reinstated. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015651 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1