MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            20 July 2000     
	DOCKET NUMBER:   AR2000037411

	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. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Kenneth L. Wright		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:  Correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Driver Badge.  

APPLICANT STATES:  In effect, that he earned the Driver Badge and that item 23a (Specialty Number & Title) on his DD Form 214 shows military occupational specialty (MOS) 64A (light vehicle driver).  In support of his application, he submits a copy of his DD Form 214 and a letter from the Veterans Service Office in Mandan, North Dakota.

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

The applicant was inducted on 14 July 1966.  He served as gunner and squad leader in Korea from 1 January 1967 through 22 April 1968 and was honorably discharged on 22 April 1968.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Driver Badge as an authorized award.

There are no orders in the applicant’s personnel records which show he was awarded the Driver Badge.  There is no evidence in his records that he met the qualifications for award of the Driver Badge.

The applicant’s records show that he was awarded MOS 64A (light vehicle driver) on 1 October 1966.  His records also indicate that MOS 64A was withdrawn on 20 July 1967 and he was awarded 11C (infantry indirect fire crewman).  

Item 23a (Specialty Number & Title) on the applicant’s DD Form 214 shows “64A40 Lt Veh Driver” [light vehicle driver].  A DD Form 215 (Correction to DD Form 214) issued on 26 April 1999 amended item 23a on the applicant’s DD Form 214 to show “11C40 INFANTRY INDIRECT FIRE CREWMAN”. 

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.

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.  The Board noted the applicant’s contention that he earned the Driver Badge and that MOS 64A (light vehicle driver) shown on his DD Form 214 supports his claim.

2.  The Board also noted that the applicant’s MOS on his DD Form 214 was amended to reflect 11C (infantry indirect fire crewman). 

3.  Notwithstanding the applicant’s MOS, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded the Driver Badge or otherwise qualified for this badge.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the Driver Badge. 

4.  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.

5.  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

SAC____  AMC____  KLW____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037411	
SUFFIX		
RECON		
DATE BOARDED	20000720	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680422	
DISCHARGE AUTHORITY	AR 635-200   Chapter 5  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0126	
2.		
3.		
4.		
5.		
6.