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ARMY | BCMR | CY2002 | 2002074827C070403
Original file (2002074827C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 November 2002
         DOCKET NUMBER: AR2002074827

         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Lester Echols 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: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a basic marksmanship badge and a "Battle Expeditionary Campaign Badge."

APPLICANT STATES: In effect, that these items are not shown on his DD Form 214. In support of his application, he submitted a copy of his DD Form 214, his Enlisted Record Brief (Active Army Enlisted); a memorandum from the U.S. Army Medical Department Activity at Fort Lee, Virginia; orders which ordered him to initial active duty for training (IADT); and his Standard Form 607 (Clinical Record).

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted in the U.S. Army Reserve (USAR) on 10 December 1998 for a period of eight years. He was ordered to IADT on 18 June 1999 for basic training under the alternate (split) training program. Upon completion of training, he was transferred back to the USAR. He was ordered to IADT on 20 June 2000 for advanced individual training at Fort Lee, Virginia. The applicant was discharged from active duty under the provisions of Army Regulation 635-40, chapter 5 by reason of Disability, Existed Prior To Service – Medical Board. He is currently serving on active duty in the Navy in pay grade E-3.

The applicant's DD Form 214 does not show entitlement to any awards in
item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).

The applicant provided a copy of his Enlisted Record Brief, dated 7 July 2000. Section E (Awards and Decorations) of this document is divided into four subdivisions to include: (1) E1 – AWARD CATEGORY/NUMBER GRANTED;
(2) E2 – BASIC MARKSMANSHIP YEAR/MONTH; (3) E3 – BATTLE EXPEDITIONARY CAMPAIGN; and (4) E4 – DATE ELIGIBLE GCMDL.

Subdivision E2 (BASIC MARKSMANSHIP) on his Enlisted Record Brief does not reflect that the applicant qualified for a basic marksmanship badge.

Item 9 (Awards, Decorations and Campaigns) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows the entry "RIFLE M16 QUAL BAD". His DA Form 2-1 does not indicate the degree in which he qualified with the M16 rifle.

Army Regulation 600-8-22 (Military Awards) does not list the "Battle Expeditionary Campaign Badge" as an authorized badge.



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 request for award of the basic marksmanship badge. However, there is no evidence of record which shows the applicant met the qualifications for award of the basic marksmanship badge. Therefore, there is no basis for awarding the basic marksmanship badge in this case.

2. The Board also considered the applicant's request for award of the "Battle Expeditionary Campaign Badge". However, this badge is not shown as an authorized award in the Military Awards regulation. Therefore, there is no basis for awarding this badge.

3. 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.

4. 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

FNE_____ TL______ LE______ DENY APPLICATION



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



INDEX

CASE ID AR2002074827
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021021
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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