IN THE CASE OF:	  

		BOARD DATE:	        21 August 2008

		DOCKET NUMBER:  AR20080009774 


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 award of the Good Conduct Medal and the Driver and Mechanic Badge with Driver-W Bar.

2.  The applicant states, in effect, that he served a qualifying period of service for those awards. 

3.  The applicant provides a copy of Letter Orders, dated 31 December 1963, discharge from the U.S. Army Reserve (USAR); a copy of his Honorable Discharge Certificate, dated 31 December 1963; a copy of DA Form 87 (Certificate of Training), dated 17 April 1959, showing completion of the Post Automotive Maintenance School Wheel Vehicle Section; and copies of his Standard Form 46 (U.S. Government Motor Vehicle Operator’s Identification Card), dated 31 October 195816 and July 1961, in support of his application.  

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’s records show he enlisted in the USAR for a period of 6 years and was called to active duty on 27 January 1958 in the rank/grade of private (PVT)/E-1.  He was trained in military occupational specialty (MOS) 631.10 (Wheeled Vehicle Mechanic).  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4 (Temporary).  

3.  The applicant’s records further show he served as a wheeled vehicle mechanic with the 28th Field Hospital, Fort Bragg, North Carolina, during which he completed the 120-hour Post Automotive Maintenance School Wheel Vehicle Section, on 17 April 1959.  

4.  The applicant’s records also show he was honorably released from active duty on 26 January 1960 and returned to the control of his USAR component.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 2 years of creditable military service. 

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the entry “None.”  

6.  The applicant’s records do not contain orders awarding the applicant the Good Conduct Medal or the Driver and Mechanic Badge with Driver-W Bar.

7.  Section 4 (Chronological Record of Military Service) of the applicant’s DA Form 24 (Service Record) shows the applicant received “Excellent” efficiency and conduct ratings throughout his military assignments.  

8.  The applicant submitted copies of his Standard Forms 46, dated 31 October 1958 and 16 July 1961, that show he was qualified to operate the 1/4 ton utility truck, 3/4 ton cargo truck, 2 1/2 ton cargo truck, and a 5-passenger sedan.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  
10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

11.  Army Regulation 600-8-22 provides 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.  Commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may approve award of the Driver and Mechanic Badge. Component bars are authorized only for the following types of vehicles and/or qualifications: Driver—W (for wheeled vehicles); Driver—T (for tracked vehicles); Driver—M (for motorcycles); Driver—A (for amphibious vehicles); Mechanic (for automotive or allied vehicles); and Operator—S (for special mechanical equipment).  

	a.  The eligibility requirements for drivers requires that a Soldier must:

		(1)  Qualify for and possess a current OF 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by AR 600–55 and,

		(2)  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/her DA Form 348–1–R (Equipment Operator’s Qualification Record (Except Aircraft)), or

		(3)  Perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.





	b.  The eligibility requirement for mechanics requires that a Soldier must:

		(1)  Pass aptitude tests and complete the standard mechanics’ course with a "skilled" rating or have demonstrated possession of sufficient previous experience as an automotive or engineer equipment mechanic to justify such a rating; and

		(2)  Be assigned to primary duty as an automotive or engineer mechanic, unit level or higher, or is an active automotive or engineer mechanic instructor.

		(3)  If required to drive an Army motor vehicle in connection with automotive mechanic or automotive mechanic instructor duties, qualify for motor vehicle operators permit as prescribed above, and perform duty which includes driving motor vehicles for a minimum of 6 consecutive months, and have no Army motor vehicle accident or traffic violation recorded on his or her DA Form 348 (Equipment Operator’s Qualification Record (Except Aircraft)).

12.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

13.  Item 28 (Qualifications in Arms) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) on 14 March 1958.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Good Conduct Medal, the evidence of record confirms that the applicant served honorably during the period 27 January 1958 to 26 January 1960.  He attained the rank of SP4 and received “Excellent” efficiency and conduct rating throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

2.  With respect to award of the Driver and Mechanic Badge with Driver-W Bar, the evidence of record shows that the applicant qualified for and possessed a U.S. Government Motor Vehicles Operator’s Identification Card and was assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months.  Therefore, he is entitled to award of the Driver and Mechanic Badge with Driver-W Bar and correction of his records to show this award.

3.  The evidence of records shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 27 January 1958 to 26 January 1960; and 

	b.  showing award of the Good Conduct Medal (1st Award), the Driver and Mechanic Badge with Driver-W Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).


															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.

ABCMR Record of Proceedings (cont)                                         AR20080009774



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ABCMR Record of Proceedings (cont)                                         AR20080009774



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