IN THE CASE OF:
BOARD DATE: 29 September 2009
DOCKET NUMBER: AR20090009563
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 that he be awarded the Driver and Mechanic Badge.
2. The applicant states, in effect, that he is entitled to award of the Driver and Mechanic Badge because he held primary military occupational specialty (PMOS) 640.00 (Light Vehicle Driver) and performed duties as a wheel vehicle mechanic and as a light vehicle driver.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and copy of his DA Form 20 (Enlisted Qualification Record).
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 applicants record shows that he enlisted in the Regular Army and entered active duty on 17 July 1962. He was trained in, awarded, and served in MOS 640.00 (Light Vehicle Driver).
3. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Section 9 does not show award of the Driver and Mechanic Badge.
4. Item 33 (Record of Assignments) of his DA Form 20 shows that from
22 September 1962 to 20 August 1963, he was assigned to Service Company, US Army Training Center, Fort Knox, Kentucky, performing duties a light vehicle driver; from 21 August 1963 to 15 March 1963, he was assigned to the US Army Garrison, Hawaii, performing duties as a senior light vehicle driver; and from 16 March 1964 to 27 November 1964, he was assigned to B Company, 25th Supply and Transportation Battalion, Hawaii, performing duties as a light vehicle driver.
5. On 4 June 1964, he was discharged for the purpose of reenlistment. Item
26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded) of his DD Form 214, dated 4 June 1964, does not show award of the Driver and Mechanic Badge.
6. On 5 June 1964, he reenlisted in the Regular Army and served until he was discharged under honorable conditions on 27 November 1964, after serving for a total of 2 years, 4 months, and 11 days. This DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). It does not show the Driver and Mechanic Badge.
7. There are no orders in the applicant's records showing he was awarded the Driver and Mechanic Badge.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part for award of the Driver and Mechanic Badge. To receive the 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 orders by commanders authorized to make the award or by Headquarters, Department of the Army.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the applicant's records to show he was awarded the Driver and Mechanic Badge. There is no record of the applicant qualifying for award of the Driver and Mechanic Badge. 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 orders by commanders authorized to make the award by Headquarters, Department of the Army. Therefore, the available evidence is not sufficient to show the applicant is entitled to this 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) AR20090009563
2
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