BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100010749
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 the Driver and Mechanic Badge with Wheel, Track, and Mechanic Bars be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the identified badge is missing from his record and DD Form 214.
3. The applicant provides his DD Form 214 in support of the application.
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 record shows he was inducted into the Army of the United States and entered active duty on 8 July 1964. It further shows he was trained in and awarded military occupational specialty 45G (Turret Repairer).
3. The applicant's record is void of a driver's record or any documents or orders indicating he was recommended for or awarded the Driver and Mechanic Badge during his active duty tenure.
4. On 7 July 1966, the applicant was honorably released from active duty after completing 2 years of active military service. The DD Form 214 he was issued at the time, as amended by a DD Form 215 (Correction to DD Form 214) issued on 4 April 2005, shows he earned the National Defense Service Medal and Army Good Conduct Medal during his active duty tenure.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 8 contains guidance on badges and tabs of U.S. origin and paragraph 8-31 provides guidance on award of the Driver and Mechanic Badge. It states it 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. Authorized driver component bars include W (for wheeled vehicles), T (for tracked vehicles), M (for motorcycles), A (for amphibious vehicles), and mechanic (for automotive or allied vehicles).
6. The awards regulation identifies the following eligibility requirements for the Driver and Mechanic Badge for drivers:
a. possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator's Identification Card);
b. 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; or
c. perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the Driver and Mechanic Badge with W, T, and Mechanic Bars should be added to his record and DD Form 214 has been carefully considered. However, the evidence is not sufficient to support this claim.
2. The applicant's record is void of a driving record and/or any documents or orders indicating he was ever recommended for or awarded the Driver and Mechanic Badge and the applicant failed to provide independent evidence showing he met the eligibility requirements for this badge. As a result, the regulatory burden of proof necessary to support award of the Driver and Mechanic Badge has not been satisfied in this case and there is an insufficient evidentiary basis to support granting the requested relief.
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.
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