IN THE CASE OF:	

		BOARD DATE:	  01 June 2010

		DOCKET NUMBER:  AR20090017332 


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 Army Commendation Medal, "track vehicle badge" (determined to be the Driver and Mechanic Badge), and Army combat patch.

2.  The applicant states he contacted a sergeant first class (SFC) who he served with during Operation Desert Storm and the SFC told him the unit was awarded the Army Commendation Medal, Driver and Mechanic Badge, and Army combat patch.

3.  The applicant provides a copy of an SFC's letter that was written to a medical review board on behalf of the applicant and DD Forms 214 (Certificate of Release or Discharge from Active Duty) with a separation dates of 18 September 1999 and 3 July 2005.

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's military personnel records show he enlisted in the Regular Army on 22 August 1989.  He completed basic combat training and advanced individual training and he was awarded the military occupational specialty of 13B (Cannon Crewmember).

3.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

4.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 October 1990 to 15 June 1991.

5.  1st Battalion, 10th Field Artillery, 3rd Brigade, 3rd Infantry Division (Mechanized) Permanent Orders 304-01, dated 31 October 1997, awarded the applicant the Driver and Mechanic Badge (Track/Wheeled).

6.  Item 9 (Awards, Decoration & Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Army Commendation Medal or the Driver and Mechanic Badge.

7.  There are no orders in the applicant's official military personnel file (OMPF) awarding him the Army Commendation Medal.

8.  On 18 September 1999, the applicant was discharged due to completion of required active service.  He had completed 10 years and 27 days of active service that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 with a separation date of 
18 September 1999 does not show he was awarded the Army Commendation Medal or the Driver and Mechanic Badge.

9.  The applicant enlisted in the Alabama Army National Guard (ALARNG) on 
16 May 2000.  He served a period of active duty from 30 January 2003 to 3 July 2005.  Item 13 of his DD Form 214 with a separation date of 3 July 2005 does not show he was awarded the Army Commendation Medal or the Driver and Mechanic Badge.

10.  A letter, dated 18 December 2008, from an SFC, describes his service in Iraq with the applicant.  At the end of the letter, the SFC states "We were awarded the Army Commendation medal, Track vehicle badge and the Army combat patch."
 
11.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge.  To receive award, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, be assigned duties and responsibilities as a 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, or perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.  Component bars authorized for this badge include the Driver-W (for wheeled vehicles) Bar and the Driver-T (for tracked vehicles) Bar.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service (SSI-FWTS), commonly referred to as a “combat patch”.  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters, Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214.  Therefore, this issue will not be further discussed in the proceedings.

14.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

15.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Army Commendation Medal and the Driver and Mechanic Badge based on a letter he submitted from an SFC.

2.  The Army Commendation Medal and the Driver and Mechanic Badge are individual awards and are not issued to a unit.  There are no entries on the applicant's DA Form 2-1 indicating he was awarded the Army Commendation Medal and there are no orders in his OMPF awarding him the Army Commendation Medal.

3.  While the available evidence is insufficient for awarding the applicant an Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  Orders in the applicant's OMPF show he was awarded the Driver and Mechanic Badge and is authorized the Driver-W and Driver-T Bars.  Therefore, this award should be entered in item 13 of both of his DD Forms 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X__  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his DD Forms 214 with separation dates of 18 September 1999 and 3 July 2005 to show he was awarded the Driver and Mechanic Badge with Driver-W and Driver-T Bars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Army Commendation Medal.  




      _______ _ 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)                                         AR20090017332



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ABCMR Record of Proceedings (cont)                                         AR20090017332



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