RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	15 March 2007  
	DOCKET NUMBER:  AR20060011402 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry W. Racster

Member

Mr. Rodney E. Barber

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 requests, in effect, that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected to show that he was awarded the Expert Marksmanship Qualification Badge, with rifle and grenade bars, the Driver and Mechanic Badge, the Army Achievement Medal, and the Good Conduct Medal.  He also requests, in effect, that item 4a (Grade, Rate, or Rank) be corrected to show the entry "PFC" (Private First Class), instead of the entry "PV2" (Private   E-2), and item 4b (Pay Grade), be corrected to show the entry "E3", instead of "E2".

2.  The applicant states, in effect, that he received orders for promotion to E-4 for the last 6 months prior to discharge and eight months prior to his discharge his rank was E-3, but he was not paid as an E-3.

3.  The applicant provides a copy of his DD Form 214 and DA Form 31 (Request and Authority for Leave) in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's complete records are unavailable for review.  

2.  The applicant's record shows he enlisted in the U. S. Army Reserve (USAR) Delayed Entry Program (DEP) on 1 December 1999.  He enlisted in the Regular Army on 24 August 2000, for training as a light weapons infantryman, in MOS (military occupational specialty), 11B, in pay grade E-1.  

3.  The applicant provided a copy of his DA Form 31, dated 11 September 2003, which shows that he was approved for terminal leave from 10 November to 20 December 2003, 41.5 days, in the rank and pay grade of PFC/E-3.

4.  The applicant continued to serve until he was released from active duty on 20 December 2003, in pay grade E-2.  He was transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement).

5.  Item 4a (Grade, Rate, or Rank), of his DD Form 214, shows the entry "PV2," item 4b (Pay Grade) shows the entry "E-2," and item 12h (Effective Date of Pay Grade), shows the entry "2002 12 01" (1 December 2002 ).

6.  The applicant’s DD Form 214 shows he was awarded the Army Lapel Button, the National Defense Service Medal, and the Army Service Ribbon.  His DD Form 214 does not show any additional awards or badges.

7. Item 9 (Awards, Decorations and Campaigns), of his DA Form 2-1 (Personnel Qualification Record-Part II), shows the applicant was awarded the Army Service Ribbon.  This section failed to show any additional awards.  It also failed to show that he was qualified to wear or was officially awarded any badges.

8.  There is no indication in the applicant's service personnel records to show he was considered or recommended for, or awarded, the Army Achievement Medal.

9.  The applicant's records contain a copy of Department of the Army, 15th Personnel Services Detachment Permanent Orders 198-0006, dated 17 July 2003, which awarded him the Good Conduct Medal (First Award) for the period 24 August 2000 to 23 August 2003.  These orders show his rank as PV2.

10.  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.

11.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part for award of the Driver and Mechanic Badge.  To receive 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.





13.  The 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. Specific requirements for award of the badge are contained in AR 600-8-22.  For associated bar:  OPERATOR - S (for special mechanical equipment); MECHANIC (for automotive or allied vehicles); DRIVER - A (for amphibious vehicles);  DRIVER - M (for motorcycles); DRIVER - T (for tracked vehicles); and DRIVER - W (for wheeled vehicles).

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

15.  The applicant requested correction of his records to show award of the Army Achievement Medal.  Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The applicant has been notified by separate correspondence of the procedure for applying for award of the Air Medal under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Personnel Qualification Record-Part II, DA Form 2, failed to show that he was qualified to wear or was officially awarded any badges while serving on active duty.  Therefore, there is insufficient basis to award the Expert Marksmanship Qualification Badge, with rifle and grenade bars, and the Driver and Mechanic Badge or to correct his records to show these badges.





2.  The evidence of records shows that the applicant was awarded the Good Conduct Medal (First Award) for the period 24 August 2000 to 23 August 2003  Therefore, he is entitled to correction of his records to show this award.

3.  A review of his record shows that she was advanced to pay grade E-2, by virtue of his Good Conduct Medal order, and was advanced to pay grade E-3, by virtue of his DA 31.  However, the effective dates of his advancements to pay grade E-2 and E-3, are unknown due to the unavailability of his complete records.  

4.  The applicant alleges that he received orders for promotion to pay grade E-4 for the last 6-months prior to his release from active duty and 8 months prior to his release from active duty his rank was E-3; however, he was not paid as an E-3.  
However, there is no evidence, and the applicant has provided none, to support his allegations.

5.  It is presumed that the applicant was reduced for some unknown reason while on active duty, as evident by his pay grade of E-2 shown on his DD Form 214. 
There is no additional evidence, and the applicant has provided none, to show that he served in pay grade E-4 or was advanced to pay grade E-4 while serving on active duty.  His DD Form 214 is correct as currently constituted.  Therefore, there is no basis to correct item 4a or 4b, of his DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LWR__  _MKP___  ____REB   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the Good Conduct Medal (First Award) for the period 24 August 2000 to 23 August 2003.


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:

	a.  award of the Expert Marksmanship Qualification Badge, with rifle and grenade bars, and the Driver and Mechanic Badge;

	b.  item 4a (Grade, Rate, or Rank), of his DD Form 214, to show the entry PFC; and

	c.  item 4b (Pay Grade), of his DD Form 214, to show the entry "E3."




______M. K. Patterson_____
          CHAIRPERSON




INDEX

CASE ID
AR20060011402
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070315
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20031220
DISCHARGE AUTHORITY
AR 635-200, chapter 4
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.