IN THE CASE OF:	  

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090014410 


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 award of the Driver and Mechanic Badge with "S" (Operator for Special Mechanical Equipment) and "W" (Driver for Wheel Vehicles) Bars; and correction of item 12g (Sea Service) and item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect 3 days of sea service and deployment to Somalia and Haiti as deployments to an imminent danger pay area.  He also requests 3 days of sea pay.

2.  The applicant states he completed more than 12 consecutive months and 
500 accident-free hours as a forklift operator and as a driver with the
24th Ordnance Company, and as a result he is eligible for the Driver and Mechanic Badge with "S" and "W" Bars.  He also states his DD Form 214 should reflect 3 days of sea duty in item 12g and document his deployments to Somalia and Haiti in item 18.  

3.  The applicant provides the following documents in support of his application:

* DA Forms 348 (Operator Qualification Record)
* Certificate of Achievement
* DD Form 214, ending 3 December 1986
* DD Forms 215 (Correction to DD Form 214)
* U.S. Army Human Resources Command (USAHRC), Career Sea Pay Coordinator, Electronic Mail (e-mail) Message and Memorandum, dated 7 April 2010


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 Driver and Mechanic Badge with "W" Component Bar is included in the DD Form 214 issued the applicant on 18 April 1995 and this document is on file in his Official Military Personnel File (OMPF).  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

3.  The applicant's record shows he enlisted in the Regular Army (RA) on 
6 December 1983.  He completed the training requirements, and he was awarded military occupational specialty MOS 55B (Ammunition Specialist).  

4.  On 3 December 1986, the applicant was released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group, Reinforcement to complete his military service obligation.  

5.  On 25 March 1987, the applicant again enlisted in the RA in MOS 55B.  He served until being honorably REFRAD on 18 April 1995.  

6.  The applicant continuously served in the USAR through a series of enlistments until he was transferred to the Retired Reserve in the rank of sergeant first class on 22 March 2004.

7.  The applicant's OMPF contains a DD Form 214 covering the period ending on 18 April 1995.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this document shows he earned the following awards during his active duty tenure:

* Meritorious Service Medal
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* Joint Meritorious Unit Award
* Valorous Unit Award
* Meritorious Unit Commendation
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal with 1 bronze service star
* Humanitarian Service Medal (Haiti)
* Noncommissioned Officer Professional Development Ribbon Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* United Nations Medal with 1 bronze service star
* Parachutist Badge
* Air Assault Badge
* Driver and Mechanic Badge with "W" Bar
* Marksman Marksmanship Qualification Bar with Rifle Bar

8.  Item 18 of the applicant's DD Form 214 for the period ending 18 April 1995 documents his service in Somalia from 18 August 1993 through 15 January 1994 and his service in Haiti from 21 September 1994 through 3 December 1994.

9.  There are no orders or any other documentation in the applicant's OMPF that show he was recommended for or awarded the "S" Bar with his Driver and Mechanic Badge.

10.  The applicant provides three DA Forms 348, dated 30 September 1992, 
26 July 1994, and 3 April 95, respectively, that show he qualified as a forklift operator effective 15 October 1985.  

11.  The applicant also provides a Certificate of Achievement, dated 10 February 1986, issued by the 24th Ordnance Company.  It recognizes the applicant's outstanding achievement with the unit during the period 29 October through
22 November 1985. 

12.  The correspondence provided by the applicant from the USAHRC Career Sea Pay Coordinator confirms the applicant performed 3 days of sea duty during the period 15-17 August 1995.  He provides leave and earnings statement for the period.  

13.  Defense Finance and Accounting Service Pay Records are maintained for 10 years and there are no pay records remaining for prior periods. 


14.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Chapter 8 contains guidance on Badges and Tabs of United States Origin and paragraph 8-31 contains guidance on the Driver and Mechanic Badge.  It states the following component bars are authorized with the badge for the types of vehicles and/or qualifications indicated: 

	a.  Driver-W - (for wheeled vehicles)

	b.  Driver-T - (for tracked vehicles)

	c.  Driver-M - (for motorcycles)

	d.  Driver-A - (for amphibious vehicles)

	e.  Mechanic - (for automotive or allied vehicles)

	f.  Operator - S - (for special mechanical equipment).

15.  Paragraph 8-31 of the awards regulation further identifies the requirements for the "S" Bar.  To qualify for the "S" Bar, operators of Army materials handling or other mechanical equipment must have completed 12 consecutive months or 
500 hours of operation, whichever comes later, without accident or written reprimand as the result of his or her operation, and his or her operating performance must have been adequate in all respects.

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the active Army and contains instructions for preparing of the DD Form 214.  

17.  The separation documents regulation stipulates the DD Form 214 is a summary of the continuous period of active duty service for which a DD Form 214 was not previously issued.  It provides no provisions for altering or correcting a DD Form 214 to document accomplishments completed subsequent to the effective date (separation date) of the DD Form 214.  

18.  Chapter 2 of the same regulation provides item-by-item preparation instructions for the DD Form 214.  The instructions for item 12g state to enter the total amount of sea service completed during the continuous period of active service.  The instructions for item 18 state for active duty Soldiers deployed during the period covered by the DD Form 214, the entry "SERVICE IN 
(NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, 
YYYYMMDD-YYYYMMDD) will be added to item 18.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible for the "S" Bar with his Driver and Mechanic Badge has been carefully considered.  However, by regulation, in order to qualify for the "S" Bar, a member must have completed 12 consecutive months or 500 hours of operation without accident or written reprimand as the result of his or her operation and his or her operating performance must have been adequate in all respects.  

2.  While the forms provided by the applicant confirm he was a qualified forklift operator, these forms fail to confirm he completed 12 consecutive months or 
500 hours of operation as a forklift operator.  Therefore, they do not support award of the "S" Bar with his Driver and Mechanic Badge. 

3.  The applicant's contention his sea service from 15 to 17 August 1995 should be added to item 12g of his DD Form 214 and the DA Forms 348 he provides have also been also has been carefully considered.  However, there are no regulatory provisions allowing for alteration or correction of the DD Form 214 to add accomplishments completed subsequent to the separation date listed on the DD Form 214.  

4.  In this case, the sea service in question was completed by the applicant as a member of the USAR after the effective date of his April 1995 DD Form 214.  As a result, it would not be appropriate to add it to item 12g of the DD Form 214.  Further, as the applicant has failed to provide any leave and earnings statements for the period and there are no longer pay records on file for this period at DFAS, there is also an insufficient evidentiary basis to support granting his sea pay for the period.  

5.  The applicant also requests his service in Somalia and Haiti be documented on his DD Form 214 as service performed in an imminent danger pay area.  His service in Somalia and Haiti is already properly documented in item 18 of his DD Form 214 issued on 18 April 1995.

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)                                         AR20090014410



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ABCMR Record of Proceedings (cont)                                         AR20090014410



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