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ARMY | BCMR | CY2002 | 2002076765C070215
Original file (2002076765C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 8 April 2003
         DOCKET NUMBER: AR2002076765


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

Mr. Carl W. S. Chun Director
Mr. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Barbara J. Ellis Member
Ms. Linda M. Barker Member

         The applicant and counsel, if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records:

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show that he qualified to operate multiple military vehicles and that he qualified as a sharpshooter with the carbine.

3. The applicant does not offer any comments or arguments in support of his request.

4. Inasmuch as the current application is closely related to a prior request for correction of his military records, which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case AC91-09054 on 24 June 1992, are incorporated herein by reference.

5. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he qualified as an expert with the M-1 rifle, in September 1959, and with a pistol, in January 1961. It lists his MOS as either Quartermaster Maintenance Helper or Textiles Repairman and his duty positions as a sewing machine operator.

6. The DA Form 24 (Service Record) shows that the applicant qualified as an expert with the M-1 rifle, in September 1959, and as a sharpshooter with the carbine, in September 1960.

7. The DA Form 348 (Driver Qualification Record) shows that the applicant qualified to operate seven different types of trucks and a light sedan.

8. The applicant’s DD Form 214, item 25a, lists his MOS as 461.10 (Textile Repairman). Item 26 (Decoration, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) lists only the Good Conduct Medal.

9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part for award of the Driver and Mechanic Badge. To receive this badge the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8000 miles, have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record (DA Form 348), and must perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.

10. Army Regulation 635-5 established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, as then in effect, it directs that only those qualifications for which an award, medal, or badge was authorized or awarded would be entered at item 26.



CONCLUSIONS:

1. Although the applicant’s record shows that he qualified to operate eight different types of vehicles, there is no evidence that he was granted either an MOS of motor vehicle operator or that he met the requirements for award of the Driver and Mechanic Badge. Therefore, it is not appropriate to enter these qualifications at items 25a or 26 on the applicant’s DD Form 214.

2. The applicant’s record shows that he qualified as a sharpshooter with the carbine and as an expert with pistol and M-1 rifle. The Board finds that it would correct an error to show that the applicant was authorized and awarded the Expert Qualification Badge with Rifle and Pistol Bars and the Sharpshooter Qualification Badge with Carbine Bar.

3. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was authorized and awarded the Expert Qualification Badge with Rifle and Pistol Bars and the Sharpshooter Qualification Badge with Carbine Bar.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__RJW__ _BJE____ __LMB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond J. Wagner_
                  CHAIRPERSON




INDEX

CASE ID AR2002076765
SUFFIX
RECON
DATE BOARDED 20030408
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT Partial
REVIEW AUTHORITY
ISSUES 1. 107.0109
2. 107.0110
3.
4.
5.
6.


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