RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JUNE 2005
      DOCKET NUMBER:  AR20040007577


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Ms. Linda Simmons                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

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

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant request, in effect, that his 1998 separation document be
corrected to reflect that he qualified as a sharpshooter rather than as a
marksman with the M-16 rifle, that he qualified as an expert with the
grenade, that he completed the Worldwide Port System-System Administrator
Training Course, and that he was awarded an Army Achievement Medal and the
Driver and Mechanic Badge, which he refers to as the Driver’s Badge.

2.  The applicant states that he was rushed through his final outprocessing
and just wanted to get home to do volunteer work.  He states that he is 100
percent disabled and that he would like his records corrected, “because
[he] earned it.”

3.  The applicant provides a copy of a 1997 weapons qualification scorecard
showing qualification as a sharpshooter with the M-16 rifle, completion
certificates for the Worldwide Port System Course and the Worldwide Port
System-System Administrator Training Course, a copy of his Army Achievement
Medal award certificate, and documents confirming that he held a Government
Motor Vehicles Operator’s Identification Card.

4.  The applicant also submits a copy of his Department of the Army Form 2-
1 (Personnel Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 November 1998.  The application submitted in this case
is dated
2 September 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.





3.  Evidence available to the Board indicates that the applicant served an
initial period of active duty with the United States Navy between 1987 and
1990.  On
5 January 1994 the applicant enlisted in the Regular Army and in November
1994 was awarded specialty 88N (Transportation Management Coordinator).

4.  Following completion of training, the applicant was assigned to a
transportation detachment at Fort Eustis, Virginia where he performed
duties in his primary specialty.  In July 1995 he completed the 2 week
Worldwide Port System-System Administrator Training Course.

5.  In 1996 the applicant was reassigned to a transportation battalion in
Korea where he again performed duties in his primary specialty.  He
returned to Fort Eustis the following year.

6.  In October 1997 he completed the 2 week Worldwide Port System Course at
Fort Eustis and in November 1998 he was awarded the Army Achievement Medal.
 Orders issued at Fort Story, Virginia confirmed the award.  It was,
however, omitted from his separation document.

7.  On 16 November 1998 the applicant was released from active duty, but
continued his military service as a member of a United States Army Reserve
unit.

8.  The applicant’s separation document contains an entry noting that he
qualified as a marksman with the M-16 rifle.  The weapons qualification
scorecard, provided by the applicant does indicate that he qualified as a
sharpshooter with the M-16 rifle in 1997 and his Department of the Army
Form 2-1 contains a handwritten entry consistent with that information.
His Department of the Army Form 2-1 also contains a handwritten entry
reflecting qualification as an expert with the grenade in 1994.

9.  Army Regulation 600-8-22 states that marksmanship badges and tabs are
awarded to indicate the degree in which an individual has qualified in
prescribed weapons firing courses or events.  Permanent orders are not
required to confirm entitlement to the various classes of the basic
marksmanship badge.  Army Regulation 350-1 states that individual
qualification with weapons will be recorded on the Department of the Army
Form 2-1 and that commanders conducting such training will provide the
custodian of personnel records with information on qualification firing so
it can be included in the Personnel Qualification Record.



10.  Army Regulation 600-8-22 also states that Driver and Mechanic Badge is
awarded to drivers, mechanics, and special equipment operators to denote
the attainment of a high degree of skill in the operation and maintenance
of motor vehicles.  The qualify as a driver the individual must qualify for
an possess and Government Motor Vehicles Operator’s Identification Card,
occupy a duty position with the title of driver or assistant driver of Army
vehicles for a minimum of 12 consecutive months, or during 8000 miles, with
no Army motor vehicle accidents or traffic violations.  Permanent orders
are required to confirm entitlement to the badge.

11.  The applicant provided copies of his Government Motor Vehicles
Operator’s Identification Card.  The copy of his Department of the Army
Form 2-1, provided by the applicant in support of his request contains a
handwritten entry “DRIVERS BDGE (1,9809)” but his records do not contain
copies of any orders confirming his award of the Driver and Mechanic Badge.

12.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of the DD Form 214.  In pertinent part it
states that item 14 (military education) will list formal in service
training courses successfully completed during the period of service
covered by title, length in weeks, and month and year completed.  This
information is to assist the soldier after separation in job placement and
counseling; therefore, training courses for combat skills are not listed.

13.  Information from the United States Army Transportation School at Fort
Eustis indicates that both the Worldwide Port System Course and the
Worldwide Port System-System Administrator Training Course were both
formal, in service, training courses conducted at Fort Eustis.  The courses
enable the student to operate the worldwide port system (WPS) computer
software and hardware.

14.  The Army Training Course Catalog notes that training in specialty 88N
(Transportation Management Coordinator) consists of training in critical
tasks related to cargo documentation, planning, loss, and damage control,
unit movements, application of various computer based transportation
programs, and the Global Transportation Network.

15.  Army Human Resources Command Message (Date Time Group
9 February 2004) published implementing instructions for award of the Korea
Defense Service Medal.  This message specified criteria for the award of
the



Korea Defense Service Medal as follows:  a) service members of the armed
forces must have served in support of the defense of the Republic of Korea
from 28 July 1954 through a future date to be determined by the Secretary
of Defense; b) the area of eligibility encompasses all land area of the
Republic of Korea, and the contiguous water out to 12 nautical miles, and
all air spaces above the land and water areas;  c) service members must
have been mobilized with units or assigned or attached to units operating
in the area of eligibility and have been physically deployed in the area of
eligibility for 30 consecutive or 60 non-consecutive days.

16.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria;  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercise conducted in the area of eligibility as long as the
basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The evidence does confirm that the applicant was awarded the Army
Achievement Medal and that he completed the Worldwide Port System Course
and the Worldwide Port System-System Administrator Training Course, in 1995
and 1997 respectively.  The courses were both 2 week in service training
courses conducted at Fort Eustis.  His records should be corrected to
reflect that information.

2.  Although the authenticity of the entries on the applicant’s Department
of the Army Form 2-1, regarding his qualification level for the M-16 and
grenade cannot be confirmed, the regulations do provide that the level of
qualification will be recorded on that document.  There are no permanent
orders required to confirm entitlement to various classes of the basic
marksmanship badge.  It is noted that the applicant did provide a copy of a
1997 weapons qualification scorecard which was consistent with the
information contain on his Department of the Army Form 2-1.  As such, in
the absence of evidence to the contrary, it would be appropriate and in the
interest of equity, to accept the entries as valid and correct his
separation document to show that he qualified as a sharpshooter, vice a
marksman, with the M-16 rifle and as an expert with the grenade, and that
he was awarded the associated badges and component bars.

3.  Permanent orders are required to confirm award of the Driver and
Mechanic Badge.  The applicant’s file contains no such orders.
Additionally, while the applicant may have possessed a Government Motor
Vehicles Operator’s Identification Card, there is no indication that he was
ever assigned to a duty position with the title of driver or assistant
driver of Army vehicles.  Rather he was assigned duties in his primary
specialty (88N-Transporation Management Coordinator).  In the absence of
orders awarding him the badge, the entry on his Department of the Army Form
2-1 is not sufficient evidence to confirm entitlement to that badge.

4.  The evidence also confirms that the applicant is entitled to the Korea
Defense Service Medal.  His records should be corrected to reflect that
decoration.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JS  ___  ___HF __  __LS ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected:

      a.  by showing that he was awarded an Army Achievement Medal;


      b.  by showing that he completed the 2 week Worldwide Port System
      Course at Fort Eustis in 1997 and the 2 week Worldwide Port System-
      System Administrator Training Course at Fort Eustis in 1995;


      c.  by showing that he qualified as a sharpshooter, vice a marksman,
      with the M-16 rifle and as an expert with the grenade, and that he was
      awarded the associated badges and component bars; and
      d.  by showing that he is entitled to the Korea Defense Service Medal.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Driver and Mechanic Badge.




                            _______John Slone________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007577                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050614                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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