IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022682 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the National Defense Service Medal (NDSM), Good Conduct Medal (AGCM), Korea Defense Service Medal (KDSM) and the Sharpshooter Marksmanship Badge with Rifle Bar.  He also requests that he be awarded the Driver’s Badge and that it be added to his DD Form 214.

2.  The applicant states that he previously downloaded the Standard Form 180 (Request Pertaining to Military Records), and his medals were sent to him; however, they were never added to his DD Form 214.  He goes on to state that he never received his Driver’s Badge for driving the Jeep, ¾ Ton, 2 ½ Ton, 5 Ton Tractor, and Bus at Fort Hood, Texas.  He also states that his qualifications should be in his records.

3.  The applicant provides no additional documents with his 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.  On 28 June 1961, the applicant enlisted in the Regular Army for a period of 3 years and training as a teletypewriter equipment repairman.  He completed his basic training at Fort Knox, Kentucky and advanced individual training at Fort Gordon, Georgia, before being transferred to Korea on 21 February 1962 for assignment to the 226th Signal Company.  He was promoted to the pay grade of E-3 on 13 December 1962.

3.  On 14 April 1963, he departed Korea and he was assigned to the 123d Maintenance Battalion, Fort Hood, Texas.  He was advanced to the pay grade of E-4 on 18 October 1963.

4.  On 22 June 1964, he was honorably released from active duty.  He had served 2 years, 11 months, and 25 days of total active service and his DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  On 7 July 2005, the National Archives and Records Administration issued the applicant a DD Form 215 (Correction to DD Form 214) adding the AGCM, NDSM, and the KDSM to his DD Form 214.  The applicant’s award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar is already shown on his original DD Form 214.  Accordingly, these awards will not be further discussed in these proceedings.  A copy of the DD Form 215 will be provided to the applicant.

6.  A review of the applicant’s records failed to show he was assigned the principal duties of a driver of any type of vehicle.  His driving record is not a part of his official records.  

7.  Army Regulation 600-8-22 (Military Awards) provides for award of 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)
* Operator-S (for special mechanical equipment)
8.  Army Regulation 600-8-22 states the eligibility requirements for drivers require that a Soldier must:

	a.  qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55;

	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 (Except Aircraft); and

	c.  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

9.  Army Regulation 600-8-22 states the eligibility requirements for mechanics require that a Soldier must: 

	a.  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;

	b.  be assigned primary duty as an automotive or engineer mechanic, unit level or higher, or is an active automotive or engineer mechanic instructor; or 

	c.  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)).

10.  Army Regulation 600-8-22 states the eligibility requirements for operators of special mechanical equipment require that a Soldier whose primary duty involves operation of Army materiel's 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.



DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he should have been awarded the Driver’s Badge is not in doubt the available evidence is insufficient to establish that he was qualified to be awarded this badge.

2.  The applicable regulation requires that an individual be assigned as a driver for at least 12 months or 8,000 miles and there is no such evidence in the available records.

3.  Therefore, in the absence of evidence to show that he meets the qualifications of the applicable regulation, there appears to be no basis to award him the Driver’s Badge.

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)                                         AR20100022682





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ABCMR Record of Proceedings (cont)                                         AR20100022682



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