BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100009527 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

   a.  Expert Marksmanship Qualification Badge instead of the Sharpshooter Marksmanship Qualification Badge.

   b.  Driver and Mechanic Badge with the following Component Bars:  Mechanic (automotive or allied vehicles), Driver-A (amphibious vehicles), 
Driver-T (tracked vehicles), and Driver-W (wheeled vehicles).

   c.  Armed Forces Service Medal, Army Service Ribbon, and National Defense Service Medal.

2.  The applicant states he served on active duty and in a Reserve status.  He did not have the opportunity to serve overseas or in a combat environment because he was not on active duty at the time of war.

3.  The applicant provides the following documents:

a.  Letter from National Personnel Records Center, dated 21 May 2007.

	b.  DD Form 214, dated 28 March 1980 and a DD Form 215 (Correction to DD Form 214), dated 27 February 2007.


c.  TRADOC Form 578-R (Individual Training Record).

d.  Orders 289-290, dated 16 October 1979.

e.  two Defensive Driving Course - Fort Knox, KY, Identification Card.

	f.  DA Form 3595 (Record Fire Scorecard).

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 records show he enlisted in the Regular Army for a period of 3 years on 29 March 1977.  He completed the training requirements and he was awarded military occupational specialty 63C (Track Vehicle Mechanic).  He was promoted through the ranks to specialist four/E-4.

3.  He was honorably released from active duty on 28 March 1980 by reason of completion of his required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  There is no evidence that he served in an active status between the time that he was released from active duty and the time that he was ultimately discharged from the USAR. 

4.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows award of the Sharpshooter Marksmanship Qualification Badge (Rifle M-16) and Grenade Bars. 

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.

6.  On 27 February 2007, he was issued a DD Form 215 that added award of the Good Conduct Medal.

7.  He submitted the following documents:

	a.  Individual Training Records showing he completed basic combat training.

	b.  Orders 289-290, issued by Headquarters, 2nd Armored Division, on 16 October 1979, awarding him the Mechanic Badge.

	c.  Fort Knox, KY, Identification Cards, dated 14 April 1977 and 
15 September, showing he completed the Defense Driving Course.

	d.  Record Fire Scorecard, dated 3 April 1979, showing he fired a weapon system and he appears to have qualified expert with this weapon; however, the certifying officer circled the word "Unqualified."

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve Component (RC) status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	c.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of U.S military units in a U.S military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility (AOE), or meet one or more of several criteria including being engaged in direct support for 30 consecutive days in the area of eligibility or for 60 nonconsecutive days provided this support involves entering the AOE. 


	d.  The Driver and Mechanic Badge.  Component bars are authorized only for the following types of vehicles and/or qualifications: Driver-W (for wheeled vehicles); Driver-T (for tracked vehicles); Driver-M (for motorcycles); Driver-A (for amphibious vehicles); Mechanic (for automotive or allied vehicles); and Operator-S (for special mechanical equipment).  Drivers must meet the following criteria:

		(1)  a Soldier must (1) qualify for and possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55 and (2) 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)); or (3) perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

		(2)  The eligibility requirements for mechanics require that a Soldier must: (1) pass aptitude tests and complete the standard mechanic’s course with a "skilled" rating or have demonstrated possession of sufficient previous experience as an automotive or engineer equipment mechanic to justify such a rating; (2) be assigned to primary duty as an automotive or engineer mechanic, unit level or higher, or is an active automotive or engineer mechanic instructor; or (3) if required to drive an Army motor vehicle in connection with automotive mechanic or automotive mechanic instructor duties, qualify for a motor vehicle operators permit as prescribed above and perform duty which includes driving motor vehicles for a minimum of 6 consecutive months and have no Army motor vehicle accident or traffic violation recorded on his or her DA Form 348 (Equipment Operator’s Qualification Record (Except Aircraft)).

		(3)  The eligibility requirements for operators of special mechanical equipment require that a Soldier whose primary duty involves operation 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.

	e.  Basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.
		(1)  Paragraph 1-31c(11) states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

		(2)  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the 
Expert Marksmanship Qualification Badge instead of the Sharpshooter Marksmanship Qualification Badge.  He also contends his DD Form 214 to show the Driver and Mechanic Badge with the following Component Bars:  Mechanic (automotive or allied vehicles), Driver-A (amphibious vehicles), Driver-T (tracked vehicles), and the Driver-W (wheeled vehicles).  Additionally, he contends his DD Form 214 should show the Armed Forces Service Medal, Army Service Ribbon, and National Defense Service Medal.

2.  With respect to the Mechanic Badge, permanent orders awarded him the Mechanic Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge. 

3.  With respect to the Drivers Badge with Driver-W, Driver-T, Driver-A Component Bars there is no evidence in his records nor did he provide any evidence that shows he met the requirements or that he was recommended for or awarded these badges with their various components or any other components.  

4.  With respect to the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, the Record Fire Scorecard he submitted, shows he fired a weapon system in a foxhole in a prone position and appears to have qualified expert with this weapon; however, the certifying officer circled the word "Unqualified."  Additionally, it is unclear what weapon system he fired or the degree of qualification.  In the absence of additional documentary evidence to corroborate his claim, there is insufficient evidence to grant him the requested relief.

5.  With respect to the National Defense Service Medal, he served in an active duty status from 29 March 1977 to 28 March 1980.  The National Defense Service Medal was not authorized during his period of active service.  Therefore, he is not entitled to this award.

6.  With respect to the Army Service Ribbon, this award was established in April 1981 and may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  There is no indication he was an active participant of a RC unit after 1 August 1981; therefore, he is not entitled to this award.

7.  With respect to the Armed Forces Service Medal, there is no evidence he was a member of a U.S. military unit after 1 June 1992 or participated in a U.S. military operation that is deemed to be a significant activity and encountered no foreign armed opposition or imminent threat of hostile actions.  Therefore, he is not entitled to this award.

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 adding to his DD Form 214 the Mechanic Badge.






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 Expert instead of Sharpshooter Marksmanship Qualification Badge, Diver-W, Driver-A and Driver-T Component Bars, Armed Forces Service Medal, Army Service Ribbon, and the National Defense Service 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)                                         AR20100009527



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceed