IN THE CASE OF:
BOARD DATE: 2 JUNE 2009
DOCKET NUMBER: AR20090000192
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 July 2008 to show award of the Purple Heart and the Drivers Badge (correctly known as the Driver and Mechanic Badge with Driver-W [for wheeled vehicle] Bar).
2. The applicant states, in effect, that he did not receive his orders for the Purple Heart or the memorandum for the Driver and Mechanic Badge with Driver-W Bar until 23 June 2008. He contends that his unit was put on leave on 18 June 2008 and he was released from active duty on 4 July 2008.
3. The applicant provides a copy of his discharge orders, orders for the Purple Heart, a DA Form 4187 (Personnel Action), a memorandum for record for the "Drivers Badge" and individual listing, a DA Form 5984-E (U.S. Army Motor Vehicle Operator's Identification Card), and a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty on 18 June 2007 from the U. S. Army Reserve in support of Operation Iraqi Freedom. He served in Iraq from 25 August 2007 to 9 June 2008 and was released from active duty on 4 July 2008.
2. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
4 July 2008 does not show the Purple Heart or the Driver and Mechanic Badge with Driver-W Bar as authorized awards.
3. Headquarters, 316th Sustainment Command (Expeditionary), LSA Anaconda, Balad, Iraq, Permanent Order 165-018, dated 13 June 2008, shows the applicant received the Purple Heart for wounds received as a result of hostile enemy action on 1 October 2007.
4. The applicant provided a memorandum for record, dated 29 May 2008, from the Commander of the 206th Transportation Company. The memorandum states, in pertinent part, "I request the following Soldiers be awarded the Army Drivers Badge IAW [in accordance with] AR [Army Regulation] 600-8-22 [Military Awards]. The Soldiers have been licensed drivers for a minimum of one year or have accumulated 8,000 miles with no accidents or incidents. See attachment for qualified individuals." The applicant's name was on the attached roster.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
6. Army Regulation 600-8-22 provides, in pertinent part for award of the Driver and Mechanic Badge. The eligibility requirements for drivers require that a Soldier must qualify for and possess a current U.S. Government Motor Vehicles Operators Identification Card, be assigned duties and responsibilities as a driver or assistant driver 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 Equipment Operators Qualification Record, or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner. For wheeled vehicle drivers, the component bar "Driver-W" is authorized for wear on the Driver and Mechanic Badge.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Purple Heart for wounds received as a result of hostile enemy action on 1 October 2007. Therefore, his DD Form 214 for the period ending 4 July 2008 should be corrected to show this award.
2. The memorandum for record provided by the applicant which shows his commander requested that he be awarded the Driver and Mechanic Badge with Driver-W Bar is accepted as sufficient evidence to award him this badge. Therefore, he should be awarded this badge and his records should be corrected to show this award.
BOARD VOTE:
____X____ ____X____ ___X_____ 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 Driver and Mechanic Badge with Driver-W Bar; and
b. adding to item 13 of the applicant's DD Form 214 for the period ending
4 July 2008 the Purple Heart and the Driver and Mechanic Badge with Driver-W Bar.
_________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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