IN THE CASE OF:
BOARD DATE: 15 December 2009
DOCKET NUMBER: AR20090012085
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 his records be corrected to award him an Army Commendation Medal, an Army Achievement Medal, and the Driver and Mechanic Badge [which he refers to as the Mechanic's Expert Badge].
2. The applicant states his chain of command never recommended him for any of these awards even though he deserved each one of them because of his hard work and service record.
3. The applicant provides a copy of his 1994 DD Form 214 (Certificate of Release or Discharge from Active Duty), seven certificates of appreciation/
achievement, a copy of his November 1991 promotion certificate to pay
grade E-3, training certificates showing completion of basic combat training, German Headstart Orientation, and the Primary Leadership Development Course. He also submits a copy of his Army Good Conduct Medal orders, a 1993 statement indicating he had no lost time, a certificate of affiliation with the U.S. Army Ordnance Corps, a certificate of nomination for membership in the American Legion, and an undated Freedom Team Salute certificate of appreciation.
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 requests award of the Army Commendation Medal and Army Achievement Medal. However, there are no orders or other evidence on file in his official military personnel file that confirm award of these personal decorations. In the absence of authority for these awards, he may request award of the Army Commendation Medal and Army Achievement Medal under the provisions of Title 10, U.S. Code, section 1130. The applicant has been notified by separate correspondence of the procedures for applying for this award under Title 10, U.S. Code, section 1130. As a result, the request for award of the Army Commendation Medal and Army Achievement Medal will not be discussed further in this Record of Proceedings.
3. Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 14 November 1990. He was trained as a power generator equipment repairer (52D) and served in that specialty throughout the duration of his enlistment. By January 1993 he attained pay grade E-4 and in October 1993 was awarded the Army Good Conduct Medal for the period 14 November 1990 through 13 November 1993.
4. Army Regulation 600-8-22 (Military Awards) states that 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.
DISCUSSION AND CONCLUSIONS:
1. While the applicant maintains that he should have been awarded the Driver and Mechanic Badge, the evidence available to the Board indicates he performed duties a power generator equipment repairer and was not involved in the operation and maintenance of motor vehicles. As such, the applicant would not have met the basic eligibly requirements for award of this badge.
2. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090012085
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ABCMR Record of Proceedings (cont) AR20090012085
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