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ARMY | BCMR | CY2003 | 2003084254C070212
Original file (2003084254C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 July 2003
         DOCKET NUMBER: AR2003084254


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Richard P. Nelson Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas E. O'Shaughnessy Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect award of the Army Achievement Medal (AAM), the AAM, First Oak Leaf Cluster (1OLC) and the “Expert Wheeled Driver Badge.”

3. The applicant states that his DD Form 214 does not reflect the two AAMs he received while on active duty. In support of his request, the applicant has submitted copies of two AAM certificates, dated 28 August 1992 and 2 December 1992.

4. The applicant’s military records show that he enlisted in the Regular Army on 13 November 1990, trained in Military Occupational Specialty (MOS) 19D (Cavalry Scout), and deployed to Germany. The applicant spent 3 months in a Temporary Duty (TDY) status in Kuwait, from 10 June 1991 to 11 September 1991. He then returned to Germany, where he completed his enlistment and was honorably separated on 21 March 1993. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the Southwest Asia Service Medal with 2 bronze service stars; the Good Conduct Medal; the National Defense Service Medal; the Army Service Ribbon; the Overseas Service Ribbon; and the Expert Marksmanship Badge (Grenade).

5. There are no orders in the applicant’s service records announcing award of the Driver and Mechanic Badge.

6. There is no evidence in the applicant’s service records that he was assigned to a duty position with the title of driver or assistant driver.

7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

8. Army Regulation 600-8-22 provides, in pertinent part, for award of the Driver and Mechanic Badge. To receive the badge, 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 had 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.

9. Army Regulation 600-8-22 provides, in pertinent part, that permanent order data for awards of the AAM will be annotated in typed format in the lower left hand portion of the award certificate.
CONCLUSIONS:

1. The Board considered the applicant’s request that his records be corrected to show award of the AAM, the AAM (1OLC), and the Driver and Mechanic Badge.

2. The copy of DA Form 4980-18 (Army Achievement Medal Certificate), dated 28 August 1992, cites the applicant for outstanding service while on a deployment to Munsingen, Germany for the period 6 August 1992 to 22 August 1992. The Board notes that the form appears to be authentic, that the applicant was assigned to the unit indicated during that cited period, and that the permanent order number is correctly annotated at the lower left hand portion of the form.

3. The copy of DA Form 4980-18 (Army Achievement Medal Certificate), dated 2 December 1992, cites the applicant for meritorious service during the period 12 March 1991 (his assignment date to Germany) to 22 March 1993 (his separation date from active duty). Again, the Board notes that the form appears to be authentic, that the applicant was assigned to the unit indicated during that cited period, and that the permanent order number is correctly annotated at the lower left hand portion of the form

4. The Board noted the lack of records which show the applicant was awarded the AAM and the AAM (1OLC). However, the Board determined that the DA Forms 4980-18 submitted by the applicant are sufficient to justify correction of his records to show award of the AAM and the AAM (1OLC).

5. Accordingly, the Board determined that the applicant’s military records should be corrected to show a first award of the AAM, for the period 6 August 1992 to 22 August 1992, on 28 August 1992. The Board further determined that the applicant’s records should be corrected to show a second award of the AAM, for the period 12 March 1991 to 22 March 1993, on 2 December 1992.

6. There are no orders in the applicant’s service personnel records which show that he was awarded Driver and Mechanic Badge. There is no evidence in his service personnel records that he was assigned to a duty position designated as driver or assistant driver for a minimum of 12 consecutive months or during 8000 miles, or that he had no Army motor vehicle accidents or traffic violations recorded on the Equipment Operator’s Qualification Record, or that he performed satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner Therefore, the Board determined that the applicant is not entitled to award of the Driver and Mechanic Badge.


7. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the AAM for the period 6 August 1992 to 22 August 1992, on 28 August 1992 and the AAM (1OLC) for the period 12 March 1991 to 22 March 1993, on 2 December 1992.

2. That so much of the request as pertains to award of the Driver and Mechanic Badge is denied.

BOARD VOTE:

___wtm__ ___teo__ ___mkp__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Margaret K. Patterson______
                  CHAIRPERSON




INDEX

CASE ID AR2003084254
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030729
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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