IN THE CASE OF:
BOARD DATE: 9 June 2009
DOCKET NUMBER: AR20090000519
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Unit Commendation and the Driver Badge (correctly known as the Driver and Mechanic Badge).
2. The applicant states, in effect, that he participated in Operation Iraqi Freedom while assigned to Battery B, 3rd Battalion, 320th Field Artillery Battalion of the 101st Airborne Division and that he was discharged prior to the division receiving the Meritorious Unit Commendation. He also states that he qualifies for the Driver Badge because he was assigned as a driver at Fort Leavenworth, Kansas for over 12 months without any accidents.
3. The applicant provides two applications, a copy of his DD Form 214, a Certificate of Achievement in Safety, and an excerpt from Army Regulation
600-8-22 (Military Awards) 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 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 Regular Army on 8 January 1998. He served as a unit supply specialist in Iraq from 28 February 2003 to 13 July 2003. On
20 December 2003, he was honorably discharged.
3. The applicant's DD Form 214 does not show the Meritorious Unit Commendation or the Driver and Mechanic Badge as authorized awards.
4. Officials at the Awards Branch, U.S. Army Human Resources Command confirmed that the 3rd Battalion, 320th Field Artillery was awarded the Meritorious Unit Commendation for the period 19 March 2003 to 19 October 2003 in Iraq. However, there is no evidence of record which shows the applicant was assigned to Battery B, 3rd Battalion, 320th Field Artillery Battalion of the 101st Airborne Division during his assignment in Iraq.
5. There are no orders for the Driver and Mechanic Badge in the available records.
6. In support of his claim for the Driver and Mechanic Badge, the applicant provided a Certificate of Achievement in Safety which states, in pertinent part, that he had 12 months of accident free driving from 1 October 1998 to
30 September 1999.
7. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.
8. Army Regulation 600-8-22 provides, in pertinent part for award of the Driver and Mechanic Badge. To receive award, the individual must qualify for and possess a U.S. Government Motor Vehicles Operators Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operators Qualification Record, or must perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the 3rd Battalion, 320th Field Artillery was awarded the Meritorious Unit Commendation for the period 19 March 2003 to 19 October 2003 in Iraq. However, although the applicant contends that he was assigned to this unit during his assignment in Iraq, there is no evidence of record to support this contention. Therefore, there is insufficient evidence on which to amend his DD Form 214 to show award of the Meritorious Unit Commendation.
2. There are no orders for the Driver and Mechanic Badge in the available records. In the absence of orders, the Certificate of Achievement in Safety provided by the applicant is not sufficient as a basis for award the Driver and Mechanic Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ____X___ 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.
_______ _ X_______ ___
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) AR20090000519
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