IN THE CASE OF: BOARD DATE: 6 March 2015 DOCKET NUMBER: AR20140010581 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * a third award of the Army Commendation Medal (ARCOM) * award of the Driver and Mechanic Badge with Driver-W Bar instead of the First Class Diver Badge 2. The applicant states: * he received his third award of the ARCOM at the very end of his period of active duty * the First Class Diver Badge entry was a typographical error 3. The applicant provides: * DD Form 214 * orders for the ARCOM and Driver and Mechanic Badge with Driver-W Bar CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 24 July 2003 and trained as a signal support systems specialist. He served in Iraq from 1 October 2005 to 21 September 2006. 3. His records contain Headquarters, 2nd Brigade, Permanent Orders Number 078-020, dated 19 March 2006, which show he was awarded the ARCOM for outstanding service for the period 1 October 2005 to 1 September 2006. 4. He provided 2d Battalion, 101st Brigade Troops Battalion, Permanent Orders Number 228-019, dated 17 August 2006, awarding him the Driver and Mechanic Badge with Driver-W Bar. 5. He served in Iraq from 19 October 2007 to 21 November 2008. 6. He also provided Headquarters, 2nd Brigade Combat Team, Permanent Orders Number 298-002, dated 24 October 2008, which show he was awarded the ARCOM for exemplary service during the period 24 July 2003 to 24 April 2009. 7. On 24 February 2009, he was released from active duty. 8. His DD Form 214 shows he was awarded or authorized the: * ARCOM (2nd Award) * Army Achievement Medal * Meritorious Unit Commendation * Army Good Conduct Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal * Iraq Campaign Medal with two bronze service stars * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * First Class Diver Badge 9. There are no orders for the First Class Diver Badge or a third award of the ARCOM in the applicant's records. 10. Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 11. Army Regulation 600-8-22 states there are five types of Diver Badges: * Master Diver Badge * First Class Diver Badge * Salvage Diver Badge * Second Class Diver Badge * Scuba Diver Badge (the Scuba Diver Badge has been renamed Special Operations Diver Badge) DISCUSSION AND CONCLUSIONS: 1. Although the applicant contends he was awarded three ARCOMs, the evidence of record shows orders authorization for only ARCOMs which is properly shown on his DD Form 214. Therefore, there is insufficient evidence on which to base adding a third award of the ARCOM to his DD Form 214. 2. He contends the First Class Diver Badge entry on his DD Form 214 was a typographical error. Since there are no orders for the First Class Diver Badge in the available records and orders show he was awarded the Driver and Mechanic Badge with Driver-W Bar, it would be appropriate to delete award of the First Class Diver Badge from his DD Form 214 and replace it with the Driver and Mechanic Badge with Driver-W Bar. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 deleting award of the First-Class Diver Badge from his DD Form 214 and replacing it with the Driver and Mechanic Badge with Driver-W Bar. 2. The Board further determined 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 adding a third award of the ARCOM to his DD Form 214. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20140010581 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140010581 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1