MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           28 January 1999
	DOCKET NUMBER:   AC98-11772
                                              AR1998013431

	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. Loren G. Harrell		Director	
	Mr. Lee Cates 		Analyst	

  The following members, a quorum, were present:

	Mr. Luther T. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		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:  That his records be corrected to show his rank upon separation as private first class; his secondary military occupational specialty (MOS) of 11B20 (Light Weapons Infantryman); the Expert Qualification Badge for the M-16 Rifle; and, the Sharpshooter Qualification Badge with the M-60 Machine Gun.

APPLICANT STATES:  In effect, that he would like his records corrected.

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

The applicant served in the Army Reserve Delayed Entry Program from 
30 March 1977 until 25 April 1977.

On 26 April 1977, the applicant entered on active duty, in pay grade E-2, for 
3 years.  He completed his required training and was awarded MOS 11B.  He served in Germany from 2 September 1977 to 16 May 1978.

The applicant’s DA Form 2-1 (Personnel Qualification Record) shows a deleted entry of advancement to private first class.  There is nothing in his records to validate such advancement.

On 5 May 1978, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for being absent without leave for the period 13 to 
21 April 1978.  His punishment included a reduction from pay grade E-2 to E-1, extra duty and restriction.

The applicant’s DD Form 214, with a separation date of 17 May 1978, does not show entitlement to the Expert Qualification Badge for the M-16 Rifle or the Sharpshooter Qualification Badge for the M-60 Machine Gun.  The DD Form 214 does show entitlement to the Sharpshooter Qualification Badge with component bars for the Rifle.

Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialty) provides, in pertinent part, that the first three characters identify the MOS, while the fourth is a number which, with the first three, shows skill and grade level in the MOS.

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.  There is no evidence that the applicant was advanced to the rank of private first class; however, there is evidence he was reduced to the rank of private (pay grade E-1) just prior to his separation.

2.  There is no evidence to show the applicant was awarded any MOS other than the one he was initially awarded.  He was temporarily (24 days) placed in a duty position which was identified with a skill level of 2, in the same MOS.

3.  There is no evidence he was entitled to the Expert Qualification Badge with Rifle bar or Sharpshooter Qualification Badge with M-60 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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

LTS_____  RWG___  CLG_____  DENY APPLICATION

						Loren G. Harrell
						       Director

INDEX

CASE ID	AC98-11772  AR1998013431	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990128	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19780517	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	EDP-Failure to maintain acceptable standards for retention	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.107	Ex Qual Badge Rifle and Grenade Launcher	
2.129	Pay Grade E-3	
3.		
4.		
5.		
6.