RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060004045


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. David Gallagher               |     |Member               |
|     |Mr. Roland Venable                |     |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 award of the “Wheel and Track Driver Badge.”

2.  The applicant states he earned the “Wheel and Track Driver Badge” and
not the Driver and Mechanic Badge.  He states that the person who filled
out the information on his DD Form 214 (Certificate of Release or Discharge
from Active Duty) made a mistake.

3.  The applicant provides a copy of his DD Form 214 and his
Noncommissioned Officer Evaluation Report (NCOER) for the period ending
June 1999.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 February 2001.  The application submitted in this case is
dated 16 February 2006.

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 initially enlisted in the Regular Army on 23 August 1995.
 He completed the required training and was awarded military occupational
specialty 12F (Engineer Tracked Vehicle Crewman).  He continued to serve on
active duty through one reenlistment.

4.  The applicant’s NCOER for the period ending June 1999 indicates he
received the “Wheel Drivers Badge for having over 5000 accident free miles
on wheeled vehicles.”

5.  Item 9 (Awards, Decorations and Campaigns) on the applicant’s DA Form 2-
1 (Personnel Qualification Record - Part II) lists award of the Driver
Badge with Driver-W Bar.

6.  The Military Awards regulation (Army Regulation 600-8-22) does not show
the “Wheel and Track Driver Badge” as an authorized award.  This regulation
does show the Driver and Mechanic Badge as an authorized award.  This
regulation also lists component bars to be worn on the Driver and Mechanic
Badge to denote types of vehicles and/or qualifications to include wheeled
vehicles and tracked vehicles.

7.  The applicant was honorably released from active duty on 10 February
2001.  His DD Form 214 shows the Driver and Mechanic Badge as an authorized
award.

8.  Army Regulation 600-8-22 provides, in pertinent part for award of the
Driver and Mechanic Badge.  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.  To receive this 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 8,000 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.

9.  Army Regulation 600-8-22, paragraph 8-28 states, in pertinent part,
that component bars are authorized only 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); (4) Driver-A (for
amphibious vehicles); (5) Mechanic (for automotive or allied vehicles); and
(6) Operator-S (for special mechanic equipment).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s Personnel Qualification Record shows he was awarded the
Driver Badge for qualifications with wheeled vehicles.  However, his DD
Form 214 reflects the Driver and Mechanic Badge without denoting the
component bar for wheeled vehicles.  Therefore, it would be appropriate to
administratively correct his DD Form 214 to show the Driver and Mechanic
Badge with Driver-W Bar.

2.  The applicant’s request for correction of his records to show the
“Wheel and Track Driver Badge” is noted.  However, the Military Awards
regulation does not list the “Wheel and Track Driver Badge” as an
authorized award.  Therefore, there is no basis for recording this badge on
the applicant’s DD Form 214.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 February 2001; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
9 February 2004.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

4.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

PM______  DG______  RV______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.
3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the DD Form 214 of the
individual concerned to show the Driver and Mechanic Badge with Driver-W
Bar.




                                  Patrick McGann________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004045                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061011                                |
|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                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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