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ARMY | BCMR | CY2002 | 2002082368C070215
Original file (2002082368C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2002082368

         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
Ms. Lana E. McGlynn Member
Mr. Larry C. Bergquist 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: In effect, award of the Expert Marksmanship Qualification Badge with Carbine Bar.

APPLICANT STATES: The applicant did not provide an explanation with his application. In support of his application, he submits a photograph of a marksmanship qualification badge; a photograph of sharpshooter marksmanship qualification badge; a piece of paper with a handwritten entry which states "Expert badge will be issued later for carbine"; a copy of a document titled "Department of the Army Official Business" with a handwritten entry which states "Only Sharpshooter Haw!"; and a letter, dated 16 October 2002, from the National Personnel Records Center.

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 was inducted on 30 October 1951. On 17 October 1953, the applicant was honorably released from active duty and transferred to the Army Reserve to complete his remaining service obligation.

The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States), which was authenticated in his own hand, does not show the Expert Marksmanship Qualification Badge with Carbine Bar as an authorized award.

There is no evidence in the available records which shows the applicant was awarded or qualified "expert" with the Marksmanship Qualification Badge with Carbine Bar.

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 reviewed the photograph of the sharpshooter marksmanship qualification badge and the handwritten notes provided by the applicant in support of his claim for award of the Expert Marksmanship Qualification Badge with Carbine Bar. However, in the absence of orders for the Expert Marksmanship Qualification Badge with Carbine Bar or other evidence of record which shows the applicant qualified for this badge, the Board determined that these items are not sufficient as a basis for award of the Expert Marksmanship Qualification Badge with Carbine Bar.

2. The applicant signed his DD Form 214 on 17 October 1953 attesting to the fact that he was not entitled to the Expert Marksmanship Qualification Badge with Carbine Bar. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Expert Marksmanship Qualification Badge with Carbine Bar in this case.

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___ LEM_____ LCB_____ DENY APPLICATION



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




INDEX

CASE ID AR2002082368
SUFFIX
RECON
DATE BOARDED 20030506
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0108
2.
3.
4.
5.
6.


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