RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           31 March 2005
      DOCKET NUMBER:  AR20040004574


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Driver’s Badge
(Operator/Special) and Mechanics Badge be added to the list of authorized
awards on his separation document (DD Form 214).

2.  The applicant states, in effect, that on the date of his separation,
the transition clerk forgot to add these badges to his separation document.
 He states they should be added now because it is the right thing to do.

3.  The applicant provides orders awarding him the Driver and Mechanic
Badge in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 8 January 1999.  The application submitted in this case is
dated
6 July 2004.

2.  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 allows the Army
Board for Correction of
Military Records (ABCMR) to excuse failure to file within the 3-year
statute of limitations if the ABCMR determines that it would be in the
interest of justice to do so.  In this case, the ABCMR will conduct a
review of the merits of the case to determine if it would be in the
interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 3 October 1996.  He was trained in and awarded
military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic).

4.  On 8 January 1999, the applicant was honorably separated under the
provisions of Army Regulation 635-40, by reason of disability with
severance pay. Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time
shows he earned the following awards:  Army Commendation Medal, Army
Service Ribbon, Marksman Qualification Badge with Automatic Rifle Bar and
Driver’s Badge (Track and Wheel).

5.  The applicant provides copies of Headquarters and Headquarters Company
(HHC), 172nd Infantry Brigade (Separate) Permanent Orders.  These orders
awarded him the Driver’s Badge (Operator/Special) for the period 30 March
1997 through 30 March 1998; and the Mechanic’s Badge for the period 16
March 1997 through 16 March 1998.


6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 8 contains
guidance on badges.  Paragraph 8-28 provides guidance on the Driver and
Mechanic Badge.  It states, in pertinent part, that the basic 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.  It further states, in pertinent part, that component
bars are authorized for the following types of vehicles and/or
qualifications:  (1) Driver-W (for wheeled vehicles), (2) Driver-T (for
tracked vehicles), (3) Driver-M (for motorcycles), Driver-A (for amphibious
vehicles), (5) Mechanic (for automotive or allied vehicles), (6) Operator-S



(for special mechanical equipment).


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record and his separation document confirm his
entitlement to the basic Driver and Mechanic Badge.  However, this badge is
not listed properly in Item 13 of the applicant’s DD Form 214.

2.  The record shows the applicant was qualified for the following
component bars with his basic Driver and Mechanic Badge:  Driver-W, Driver-
T, Mechanic and Operator-S, to denote his qualifications as a wheel vehicle
operator, track vehicle operator, mechanic and special equipment operator.
Thus, the current entry “Driver Badge (Track & Wheel)” in Item 13 of the
applicant’s DD Form 214 should be deleted and replaced with the entry
“Driver and Mechanic Badge with
Driver-W, Driver-T, Mechanic and Operator-S Bars”.

BOARD VOTE:

___WDP_  __RJW__  ___LGH_  GRANT 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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending Item 13 of the applicant’s 8
January 1999 DD Form 214 by deleting the portion of the entry indicating
“Driver Badge (Track and Wheel)” and replacing it with the entry “Driver
and Mechanic Badge with
Driver-W, Driver-T, Mechanic and Operator-S Bars”; and by providing him a
corrected separation document that reflects this change.




            ____William D. Powers_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004574                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/31                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1999/01/08                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability with severance pay           |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]