MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            10 April 2001                  
	DOCKET NUMBER:   AR2000050691

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. James E. Anderholm 		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 by showing he was awarded the Driver/Mechanic Badge.

APPLICANT STATES: That he should have been awarded the Mechanic Badge because of his primary specialty of 63H10 (Track Vehicle Repairer). 

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

On 22 December 1989, he enlisted in the Army Reserve Delayed Entry Program.

On 29 August 1990, he enlisted in the Regular Army.  He completed his required training and was awarded military occupational specialty (MOS) 63H.  He was advanced to pay grade E-3, effective 1 July 1991.

During the period 21 March through the remainder of his active duty, he was formally counseled on numerous occasions for his failure to meet the Army Weight Control Program (AWCP) standards.

The unit commander advised the applicant that he was initiating action to separate him for his failure to meet the AWCP standards.  On 18 September 1992, the applicant, after consulting with legal counsel, indicated statements would not be presented on his behalf and that he waived his rights.

On 20 September 1992, the appropriate separation authority approved the request and directed he be issued an Honorable Discharge Certificate.

On 28 September 1992, he was honorably separated, in pay grade E-3, under Army Regulation 635-200, paragraph 5-13, based on his failure to meet the AWCP standards.  His separation document indicates he had 2 years and           1 month of creditable service.  

Army Regulation 600-8-22 (Military Awards) indicates, in pertinent part, that the 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.

To qualify for award of the Driver/Mechanic Badge, a mechanic must: (1) Pass aptitude tests and complete the standard mechanics’ course with a “skilled” rating or have demonstrated possession of sufficient previous experience as an automotive or engineer equipment mechanic to justify such a rating, (2) Be assigned to primary duty as an automotive or engineer mechanic, unit level or higher, or as an active automotive or engineer mechanic instructor, and (3) If required to drive an Army motor vehicle in connection with automotive mechanic 

or automotive mechanic instructor duties, qualify for a motor vehicle operators permit and perform duty which includes driving motor vehicles for a minimum of  6 consecutive months, and have no Army motor vehicle accident or traffic violations recorded on his Equipment Operator’s Qualification Record.  

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 of record, and the applicant has not provided any, which shows the applicant met the qualifications for award of the Driver/Mechanic Badge; therefore, there is no error or injustice.

2.  Commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may award the Driver/Mechanic Badge with the appropriate documentation.

3.  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.

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

_jea ____  _svw____  _gp___ DENY APPLICATION

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

INDEX

CASE ID	AR2000050691	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	197	
2.		
3.		
4.		
5.		
6.