MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2003
         DOCKET NUMBER: AR2003088306

         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. Arthur A. Omartian		Chairperson
Mr. Thomas Lanyi		Member
Mr. Harry B. Oberg		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: Reconsideration of his previous application to correct his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and WD AGO Form 100 (Separation Qualification Record) to show his rank as sergeant instead of technician five and to credit him as a military driving instructor. He also requests, in effect, that his military records be corrected to show the Driver and Mechanic Badge with Driver Bar, award of the Marksmanship Qualification Badge with Automatic Rifle Bar, award of the Marksmanship Qualification Badge with Bayonet Bar, award of the Marksmanship Qualification Badge with Grenade Bar, award of the Marksmanship Qualification Badge with Machinegun Bar, award of the Marksmanship Qualification Badge with Pistol Bar, and award of the Marksmanship Qualification Badge with Carbine Bar which are new issues not previously considered by the Army Board for Correction of Military Records (ABCMR).

APPLICANT STATES: In effect, that there are several errors on his military records. He states that he was in charge of the mess hall and should have been promoted to sergeant or a higher rank. He contends that he did not receive credit for his accomplishment as a military driving instructor when he was in the Philippines. He also states that the aforementioned badges are not shown on his military records.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect consideration of Docket Number AR2001057006 by the ABCMR on 2 August 2001.

The applicant submits three letters of explanation, dated 11 November 2002.

The applicant's request to correct his military records to show the Driver and Mechanic Badge with Driver Bar, award of the Marksmanship Qualification Badge with Automatic Rifle Bar, award of the Marksmanship Qualification Badge with Bayonet Bar, award of the Marksmanship Qualification Badge with Grenade Bar, award of the Marksmanship Qualification Badge with Machinegun Bar, award of the Marksmanship Qualification Badge with Pistol Bar, and award of the Marksmanship Qualification Badge with Carbine Bar are new issues that will be considered by the Board.

The applicant's WD AGO Form 53-55 and his WD AGO Form 100 show his grade as technician five.

There is no evidence in the available records which shows the applicant was promoted to sergeant or a higher rank prior to his separation on 24 April 1947.



There is no evidence in the available records which shows the applicant served as a military driving instructor.

There are no orders for the Driver and Mechanic Badge with Driver Bar in the available records.

There is no evidence in the available records which shows the applicant was awarded or qualified for award of the Marksmanship Qualification Badge with Automatic Rifle Bar, the Marksmanship Qualification Badge with Bayonet Bar, the Marksmanship Qualification Badge with Grenade Bar, the Marksmanship Qualification Badge with Machinegun Bar, the Marksmanship Qualification Badge with Pistol Bar, or the Marksmanship Qualification Badge with Carbine Bar.

Army Regulation 615-5, then in effect, provided that enlisted soldiers who were eligible for promotion would be recommended in writing, approved by the appropriate authority, and orders issued confirming the promotion.

Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) at the time. The regulation states, in pertinent part, that the grade held at time of separation will be entered in Item 3 (Grade) of the WD AGO Form 53-55.

A review of the enlisted rank/pay grade structure of the Army between 1 July 1920 and 31 July 1948, shows that the three lowest pay grades (grade 7 through grade 5) essentially consisted of a private (grade 7); private first class (grade 6); and corporal/technician five (grade 5); grade 4 personnel carried the rank title of sergeant/technician four; grade 3 personnel carried the rank title of staff sergeant or technician three. During World War II, many enlisted personnel held a higher rank temporarily, with the title of "acting" before the rank, but no promotion orders were issued, and they were not entitled to pay at the higher rank level.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Driver and Mechanic Badge. To receive the award, 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, and must perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.

Army Regulation 600-8-22, 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. 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 considered the applicant's contention that he was in charge of the mess hall and should have been promoted to sergeant or a higher rank. However, the available records show the applicant was a technician five at the time of his separation on 24 April 1947. There is no evidence of record which shows the applicant was promoted to sergeant or a higher rank prior to his separation. Therefore, the Board determined that there is insufficient evidence on which to amend his grade on his military records.

3. The Board considered the applicant's contention that his military records do not show that he was a military driving instructor when he was in the Philippines. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention. Therefore, there is no basis for granting the applicant's request.

4. After review of all the evidence in this case and the latest arguments, the Board determined that the applicant has presented no argument or evidence which is sufficient to reverse the previous decision rendered by the ABCMR in Docket Number AR2001057006 on 2 August 2001.

5. The Board considered the applicant's contention that he received the Driver and Mechanic Badge with Driver Bar. However, there is no evidence of record, and the applicant has provided no evidence, to support this contention. Therefore, the Board determined that there is insufficient evidence on which to base award of the Driver and Mechanic Badge with Driver Bar in this case.

6. There is no evidence of record which shows the applicant was awarded or qualified for the Marksmanship Qualification Badge with Automatic Rifle Bar, the Marksmanship Qualification Badge with Bayonet Bar, the Marksmanship Qualification Badge with Grenade Bar, the Marksmanship Qualification Badge with Machinegun Bar, the Marksmanship Qualification Badge with Pistol Bar, or the Marksmanship Qualification Badge with Carbine Bar. Therefore, the Board determined that there is insufficient evidence on which to award these marksmanship qualification badges.

7. 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

AAO____ TL_____ HBO_____ DENY APPLICATION

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

---

INDEX

CASE ID	AR2003088306
SUFFIX
RECON	20010802
DATE BOARDED	20030828
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	131.0000
2.	107.0000
3.
4.
5.
6.