MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 March 2003
	DOCKET NUMBER:   AR2003085094

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. William D. Powers		Member	
	Ms. Linda M. Barker		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:  Award of the Driver and Mechanic Badge.

APPLICANT STATES:  That, while he was a member of the 13th Signal Battalion, he was required to have a valid military driver's license for at least two different types of military vehicles.  He contends that he drove his platoon sergeant's vehicle and was the assistant driver on the "Node Management Shelter Vehicle" as well.  

The applicant also stated that he does not have a copy of his military driver's license; however, he stated that it was impossible to a member of a Mobile Subscriber Equipment (MSE) battalion without a driver's license.  In support of this contention, the applicant submitted copies of pages 1-1,1-2, and 3-19 of Field Manual 11-55 which describes MSE Systems.

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

The applicant entered active duty on 2 March 1989 and completed training as a Mobile Subscriber Equipment Network Switching System Operator.  Records show that he served his entire enlistment in the 13th Signal Battalion of the 1st Cavalry Division including the deployment in support of Operations Desert Shield and Desert Storm to Southwest Asia from 26 September 1990 to 16 April 1991.  The applicant was honorably separated by reason of physical disability with severance pay on 28 July 1992.  

The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), which is authenticated by the applicant, does not show the Driver and Mechanic Badge as an authorized award.  

There is no evidence in the applicant's service personnel records that he underwent driver testing or was issued an Optional Form 346 (U.S. Government Motor Vehicle Operator's Identification Card).  His service personnel records do not contain a DA Form 348 (Equipment Operator's Qualification Record).  

The applicant's DA Form 2-1 (Personnel Qualification Record-Part II) does not show he was driver qualified or that he was awarded the Driver and Mechanic Badge.  His DA Form 2-1 also does not show in item 10 (Other Tests) that he was administered the Motor Vehicle Driver Selection Battery (MDB). 

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 considered the applicant's request for award of the Driver and Mechanic Badge.  

2.  The Board noted the applicant's contentions and the extracts from Field Manual 11-55.

3.  The Board determined there is no evidence that the applicant underwent driver testing or possessed a valid U.S. Government Motor Vehicle Operator's Identification Card.  There also is no Equipment Operator's Qualification Record in the applicant's service personnel records.  As a result, there is insufficient evidence to support award of the Driver and Mechanic Badge in this case.  

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

__RJW__  __WDP__  __LMB__  DENY APPLICATION

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

INDEX

CASE ID	AR2003085094	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030304	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0126.0000	
2.		
3.		
4.		
5.		
6.