IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080006008
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, in effect, he be awarded the Driver and Mechanic Badge.
2. The applicant states he served in the Persian Gulf War as a driver. He states he has a copy of the "award letter," but the badge was not presented.
3. The applicant provides a portion of a copy of a memorandum for the Commander, 365th Transportation Company, with subject: "Driver's Badges earned during Operation Desert Storm."
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 applicants 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 applicants 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 US Army Reserve Delayed Entry Program (DEP) for 8 years on 27 January 1989. On 9 August 1989, he was discharged from the DEP and enlisted in the Regular Army for 3 years and 17 weeks on 10 August 1989.
3. The applicant underwent One-Station Unit Training (OSUT) at Fort Benning, GA where he was trained in and awarded military occupational specialty (MOS) 11B (Infantryman). He then completed the Basic Airborne Course and was awarded the Parachutist Badge.
4. The applicant was transferred to Fort Lewis, WA in January 1990 and assigned Company E, 109th Military Intelligence Battalion. During the Persian Gulf War, he was attached to 365th Transportation Company as a driver in Southwest Asia (SWA).
5. The applicant completed his active duty and was honorably separated on 10 August 1992 with 3 years and 1 day of creditable service. His DD Form 214 (Certificate of Release or Discharge From Active Duty) shows he was awarded the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Parachutist Badge, Southwest Asia Service Medal with 2 bronze service stars, Kuwait Liberation Medal, Army Achievement Medal with 1 Oak Leaf Cluster, Army Commendation Medal with 1 Oak Leaf Cluster, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). It does not show the Driver and Mechanic Badge.
6. The applicant provided an undated, unsigned, partial memorandum from an unknown individual [presumably a platoon leader with the 365th Transportation Company] to the Commander, 365th Transportation Company. This document merely recommends [emphasis added] that the applicant and 22 other Soldiers be awarded the Driver's Badge [sic] for having driven "over 8,000 miles accident/incident free during their stay in Saudi Arabia."
7. There are no orders in the applicant's records showing he was awarded the Driver and Mechanic Badge. The badge is not listed as an authorized award on his DA Form 2-1 (Personal Qualification Record).
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part for award of the Driver and Mechanic Badge. To receive award, the individual must qualify for and possess a current OF 346 (U.S. Government Motor Vehicles Operator's Identification Card), and be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive
months, or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator's Qualification Record (Except Aircraft)). Drivers receive the badge with component bar Driver W (for wheeled vehicles). Permanent awards of badges will be announced in permanent orders by commanders authorized to make the award or permanent orders of Headquarters, Department of the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Driver and Mechanic Badge with Component Bar Driver W.
2. There is no evidence in the applicant's records to show he was ever awarded the Driver and Mechanic Badge. The evidence provided by the applicant is not convincing; it is merely a recommendation from an unknown individual to the company commander asking that the applicant be awarded the badge. It is certainly not an award letter or order.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___ XXX ___
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.
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