IN THE CASE OF: BOARD DATE: 7 April 2015 DOCKET NUMBER: AR20150004156 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 the removal of orders awarding him the Driver's Badge with Wheeled Vehicle (W) Bar from his official military personnel file (OMPF). 2. The applicant states the Driver's Badge with W Bar he was awarded was not authorized in accordance with Army Regulation 600-8-22 (Military Awards). The regulation states commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel (LTC) or higher may approve award of the Driver and Mechanic Badge. The order for this award in his OMPF were signed by a captain (CPT) and therefore do not meet the regulatory requirement for approval. 3. The applicant provides orders and two pages of Army Regulation 600-8-22. 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 is currently serving on active duty in the Regular Army (RA) in the rank/grade of chief warrant officer two (CW2)/W-2. 3. He initially enlisted in the RA on 15 April 2003 and he held military occupational specialty 92A (Automated Logistical Specialist). He served in Kuwait from 26 June 2006 to 25 June 2007 while assigned to Headquarters and Headquarters Company (HHC), 24th Transportation Battalion. 4. His record contains Permanent Orders (PO) 226-01, dated 14 August 2006, issued by HHC, 24th Transportation Battalion, Kuwait, awarding him the Driver's Badge with W Bar for the period 29 July 2005 to 28 July 2006 for driving accident free for a period of 12 months or 8,000 miles. 5. He was honorably discharged from active duty on 22 June 2009 for the purpose of accepting a commission or warrant in the Army. 6. Army Regulation 600-8-22 (Military Awards) states 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. Commanders of brigades, regiments, separate battalions, and any commander in the rank of LTC or higher may approve award of the Driver and Mechanic Badge (emphasis added). DISCUSSION AND CONCLUSIONS: 1. The applicant contends the PO awarding him the Driver's Badge with W Bar should be removed from his OMPF as the orders were signed by a CPT and not the proper authorizing authority. 2. The evidence of record confirms his OMPF contains PO 226-01 awarding him the Driver's Badge with W Bar and the orders were signed by a company commander holding the rank of CPT. The governing regulation states only commanders of brigades, regiments, separate battalions, and any commander in the rank of LTC or higher may approve award of the Driver and Mechanic Badge. 3. In view of the foregoing, it would be appropriate to revoke PO 226-01, dated 14 August 2006, awarding him the Driver's Badge with W Bar. BOARD VOTE: ____X____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * publishing orders revoking PO 226-01, dated 14 August 2006, awarding the applicant the Driver and Mechanic Badge with W Bar * removing PO 226-01 from his OMPF * insuring the revocation orders and the copy of PO 226-01 he submitted with his application are not filed in his OMPF _______ _ ___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) AR20150004156 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004156 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1