IN THE CASE OF:	  

		BOARD DATE:	       4 AUGUST 2009

		DOCKET NUMBER:  AR20090004010


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, that he be awarded the Driver and Mechanic Badge and that it be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) or his National Guard Bureau (NGB) Form             22 (Report of Separation and Record of Service).

2.  The applicant states he was a truck driver in the US Army Reserve’s (USAR) 257th Transportation Company and in the Army National Guard’s (ARNG) 137th Chemical Company.

3.  The applicant provides no additional documentation.

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 served in the Regular Army (RA) from 2 March 1982 through 6 March 1984.  Although he enlisted to serve in military occupational specialty (MOS) 95B (Military Police), he demonstrated traits of character inconsistent with those of a 95B and he was retrained in MOS 54E (Nuclear Biological Chemical (NBC) Specialist).  His DD Form 214 for his RA service shows he was awarded the Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksman-ship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Grenade Bar.  His DD Form 214 does not show the Driver and Mechanic Badge.  There are no orders awarding him the Driver and Mechanic Badge in the RA portion of his DA Form 201 (Military Personnel Records Jacket (MPRJ)).

3.  The applicant was separated from the RA to the USAR for completion of his military service obligation.  He initially served in the USAR Control Group (Annual Training).  In December 1984, he completed a civilian program in Heavy Duty Truck Operation and, on 8 February 1985, he joined a Troop Program Unit (TPU), the 257th Transportation Company (Heavy Truck), to be a truck driver.

4.  The applicant’s records show he completed a 2-week driver training course at Fort Hood, TX on 24 April 1985.  He also was promoted to the rank of Specialist Four (SP4/E-4) in MOS 64C (Motor Transport Operator) on 29 April 1985.  On 8 February 1988, he transferred from his TPU to the USAR Control Group (Reinforcement).  He was honorably discharged from the USAR on 2 May 1989.  There is no evidence the applicant was ever awarded the Driver and Mechanic Badge while a member of the USAR.

5.  On 31 August 1994, the applicant enlisted in the Nevada ARNG (NVARNG) for a period of 1 year.  His records show he was assigned to the 137th Chemical Company in MOS 54E (NBC Specialist).  There is no record of him serving as a truck driver in MOS 64C while in the NVARNG.  He was honorably discharged from the ARNG and as a Reserve of the Army on 30 August 1995.  His NGB Form 22 does not show he was awarded the Driver and Mechanic Badge.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Driver and Mechanic Badge.  To receive this badge, the individual must qualify for and possess a US 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 8000 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant wants to be awarded the Driver and Mechanic Badge and have it added to his DD Form 214 or NGB Form 22.

2.  The applicant has a DD Form 214 for his RA service.  He was never a vehicle driver during his RA service; he was an NBC specialist.  He may have driven a motor vehicle as an NBC specialist; however, there is no record to show he was awarded the Driver and Mechanic Badge.  Therefore, he has not demonstrated entitlement to this badge or its placement on his DD Form 214.

3.  As a civilian, the applicant completed a Heavy Duty Truck Operation course, then joined a USAR TPU for duty as a truck driver.  He was assigned to the 257th Transportation Company (Heavy Truck), trained at Fort Hood as a truck driver, and was assigned duties as a 64C with the 257th Transportation Company.

4.  There is no record of the applicant qualifying for award of the Driver and Mechanic Badge while a member of the 257th Transportation Company.  The badge is not awarded simply because a Soldier drives/maintains a vehicle; it is awarded to recognize the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  The permanent award of the Driver and Mechanic Badge must be announced in permanent orders by commanders authorized to make the award or permanent orders of Headquarters, Department of the Army.

5.  During his short period of service with the ARNG, the applicant was enlisted and assigned duties in MOS 54E, not 64C.  There is no evidence he was awarded the Driver and Mechanic Badge by authorized National Guard commanders.

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.




      _______ _   _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)                                         AR20090004010



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ABCMR Record of Proceedings (cont)                                         AR20090004010



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