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ARMY | BCMR | CY2002 | 2002075976C070403
Original file (2002075976C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 November 2002
         DOCKET NUMBER: AR2002075976

         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:

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 (Report of Transfer or Discharge) to show military occupational specialty (MOS) 11D (armor intelligence specialist). He also requests, in effect, correction of his DD Form 214 to show the Marksmanship Qualification Badge with Pistol Bar and the Marksmanship Qualification Badge with Machine Gun Bar.

APPLICANT STATES: In effect, that he would like his DD Form 214 to reflect his training. He contends that his DD Form 214 does not list his advanced individual training (AIT) MOS or the weapon qualifications needed in recon (pistol and machine gun). In support of his application, he submits a letter of explanation, dated 24 June 2002.

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

The applicant was inducted on 6 February 1968. He served as a scout observer and company clerk in Germany from 26 June 1968 through 29 January 1970. The applicant was honorably released from active duty on 30 January 1970.

Item 23a (Specialty Number & Title) on the applicant’s DD Form 214 shows the entry, “71H20 CO CLK” [company clerk]. The applicant’s DD Form 214 does not show the Marksmanship Qualification Badge with Pistol Bar or the Marksmanship Qualification Badge with Machine Gun Bar as authorized awards.

Headquarters US Army Training Center, Armor (2018), Special Orders Number 156, dated 4 June 1968, show the applicant was awarded primary MOS 11D (armor intelligence specialist) upon completion of AIT. His DA Form 20 (Enlisted Qualification Record) also shows that he was awarded MOS 11D upon completion of AIT and that he served in that duty MOS.

Headquarters 3d Infantry Division Special Orders Number 20, dated 21 January 1969, show the applicant was awarded primary MOS 71H (company clerk). Primary MOS 11D (armor intelligence specialist) was withdrawn and assigned as the applicant’s secondary MOS.

Item 29 (Qualification in Arms) on the applicant’s DD Form 20 (Enlisted Qualification Record) shows that he qualified as a sharpshooter on the M-14 Rifle on 13 March 1968.

Item 29 (Qualification in Arms) on his DA Form 20 (Enlisted Qualification Record) also shows that the applicant completed familiarization firing of the 45 caliber Pistol and the M-60 Machinegun on 12 May 1968.

There is no evidence that the applicant completed a qualification course with the 45 caliber Pistol or the M-60 Machinegun.

Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that the primary military occupational specialty code number and title be entered in item 23a (Specialty Number and Title) on the DD Form 214.

Army Regulation 600-8-22 (Military Awards), 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 his DD Form 214 does not show his AIT MOS. However, the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was awarded MOS 11D (armor intelligence specialist) upon completion of AIT.

2. Evidence of record shows that the applicant’s primary MOS at the time of his separation on 30 January 1970 was 71H (company clerk). His discharge document properly reflects this MOS. Therefore, there is no basis for correction of item 23a (Specialty Number & Title) on the applicant’s DD Form 214.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he qualified for award of the Marksmanship Qualification Badge with Pistol Bar or the Marksmanship Qualification Badge with Machine Gun Bar. Therefore, the Board determined that there is insufficient evidence on which to base award of the Marksmanship Qualification Badge with Pistol Bar or the Marksmanship Qualification Badge with Machine Gun Bar.

4. 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.

5. 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____ LE______ TL______ DENY APPLICATION



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




INDEX

CASE ID AR2002075976
SUFFIX
RECON
DATE BOARDED 20021121
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.0500
2. 107.0110
3.
4.
5.
6.


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