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ARMY | BCMR | CY2003 | 2003087364C070212
Original file (2003087364C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 7 October 2003
                  DOCKET NUMBER: AR2003087364

         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
Ms. Shirley Powell Member
Mr. Robert Duecaster 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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (.50 Caliber Machine Gun).

APPLICANT STATES: He was a squad leader and made a perfect score on his missile school test. The applicant did not submit any documents in support of his application.

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

The applicant was inducted into the Army on 20 November 1963. He completed the required training and served as a HAWK Missile Crewman in Germany. The applicant was honorably released from active duty on 12 November 1965.

The applicant's DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and the Basic Missileman Badge as authorized awards.

Item 29 (Qualification in Arms) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he qualified as Expert with the M-14 Rifle on 19 May 1965.

Item 41 on the applicant's DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle) by Headquarters, 6th Missile Battalion, 562nd Artillery Special Order Number 92, dated 1965.

The applicant's DA Form 20 does not show that he qualified as Expert with the .50 Caliber Machine Gun.

There are no orders in the applicant's personnel records which show he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar.

Army Regulation 600-8-22, paragraph 8-44 states that a basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, had qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge which indicates the qualification last attained with the respective weapon. 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. 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.

2. The Board notes that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle). Therefore, it would be appropriate to amend his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle).

3. There is no evidence available to the Board which shows the applicant qualified as Expert with the .50 Caliber Machine Gun. Therefore, there is insufficient basis for correcting his records to show the Expert Marksmanship Qualification Badge with Machine Gun Bar.

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 amend the applicant's DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle).

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

FNE_____ SP______ RD______ DENY APPLICATION



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




INDEX

CASE ID AR2003087364
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031007
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. 107.0108
2.
3.
4.
5.
6.


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