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ARMY | BCMR | CY2002 | 2002082363C070215
Original file (2002082363C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 22 July 2003
         DOCKET NUMBER: AR2002082363

         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. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Thomas Lanyi Member
Mr. Thomas D. Howard 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 item 13 (Decorations and Awards) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was awarded the Driver and Mechanics Badge.

APPLICANT STATES: That the Driver and Mechanics Badge was omitted from his DD Form 214. In support of his application, he submits a copy of his DD Form 214 and a copy of his DA Form 2-1 (Personnel Qualification Record Part -II).

EVIDENCE OF RECORD: The applicant's military records show he enlisted on 17 January 1995, as a self-propelled field artillery systems mechanic. He continued to serve until he was discharged on 2 April 1997, under the provisions of Army Regulation 635-200, chapter 14, for misconduct under other than honorable conditions.

The applicant’s DD Form 214 does not show the Driver and Mechanics Badge as an authorized award.

There is no evidence in the applicant’s records to show that he was awarded the Driver and Mechanics Badge.

Item 9 (Awards, Decorations, & Campaigns) of his DA Form 2-1 shows that he was awarded the National Defense Service Medal, which was omitted from his DD Form 214.

Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

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. There is no evidence to show that he was awarded the Driver and Mechanics Badge. Therefore, he is not entitled to correction of his records to show this award.

2. The Board noted that the applicant was eligible for award of the National Defense Service Medal which was not shown on his discharge document. Therefore, the Army Review Boards Agency (ARBA), Support Division, St. Louis is directed to make an administrative correction to the applicant’s discharge document to show this award.


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.

NOTE
: Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis, furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal.

BOARD VOTE
:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__js___ ___tl___ ___th___ DENY APPLICATION




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




INDEX

CASE ID AR2002082363
SUFFIX
RECON
DATE BOARDED 20030722
TYPE OF DISCHARGE UOTHC
DATE OF DISCHARGE 19970402
DISCHARGE AUTHORITY AR 635-200, chap 14-12c
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 46
2.
3.
4.
5.
6.


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