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ARMY | BCMR | CY2002 | 2002068112C070402
Original file (2002068112C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 May 2002
         DOCKET NUMBER: AR2002068112

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Ms. Barbara J. Ellis Member
Mr. Thomas Lanyi Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: Reconsideration of his earlier request for award of the Bravery Gold Medal of Greece. He also requests correction of his military records to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

The Board notes that the applicant’s original request for award of the Bravery Gold Medal of Greece was approved by the Army Board for Correction of Military Records on 13 March 2001 (Docket Number AR2000046864). A DD Form 215 (Correction to DD Form 214) was issued on 13 July 2001 amending the applicant’s records to show this award. Therefore, this is not a reconsideration case and the Bravery Gold Medal of Greece will not be discussed further in this Memorandum of Consideration.

The applicant’s request for the issuance of the Korean War Service Medal was addressed by separate correspondence.

APPLICANT STATES: In effect, that the Marksman Marksmanship Qualification Badge with Rifle Bar is not shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 6 June 1950 for a period of 3 years. He served as a vehicle driver in Korea and was honorably discharged on 9 June 1953. He reenlisted on 18 December 1953 for a period of 3 years. He served as a heavy vehicle driver and was honorably discharged on 9 April 1959.

The applicant’s DD Forms 214 with effective dates of 9 June 1953 and 9 April 1959 do not show the Marksman Marksmanship Qualification Badge with Rifle Bar as an authorized award.

There is no evidence in the available records which shows the applicant qualified for or was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The 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 the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board considered the applicant’s contention that he is entitled to the Marksman Marksmanship Qualification Badge with Rifle Bar. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he qualified for or was awarded this badge. Therefore, the Board determined that there was no evidence on which to base award of the Marksman Marksmanship Qualification Badge with Rifle Bar in this case.

2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

JLP_____ BJE____ TL______ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002068112
SUFFIX
RECON 20010313
DATE BOARDED 20020521
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY .
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0110
2.
3.
4.
5.
6.


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