IN THE CASE OF:	  

		BOARD DATE:	    4 May 2011

		DOCKET NUMBER:  AR20100024404 


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 his truck and trailer experience while driving for a transportation company during Operation Desert Storm.

2.  The applicant states his DD Form 214 does not show his truck driving experience while serving in Saudi Arabia during Operation Desert Storm.  He further states he needs the experience documented in order to obtain a Commercial Driver's License.

3.  The applicant provides no additional evidence.

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.  His military personnel record shows he enlisted in the Regular Army on 
3 June 1988.  Upon completion of initial entry training, he was awarded military occupational specialty 31K (Combat Signaler).

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Southwest Asia Service Medal, but does not show award of the Driver and Mechanic Badge.

4.  Item 14 (Military Education) of his DD Form 214 does not show completion of the Motor Vehicle Operator Driver Training Course.

5.  Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 21 January to 3 May 1991.

6.  His record is void of any evidence and he has not provided any evidence showing he performed driver duties while deployed to Southwest Asia in support of Operation Desert Storm.

7.  Army Regulation 600-55 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing)) governs the selection, training, testing, and licensing of motor vehicle drivers and equipment operators.
This regulation, in pertinent part, provides that all training for vehicles and equipment which require licensing under this regulation will be documented on a DA Form 348 (Equipment Operator’s Qualification Record (Except Aircraft)) prior to issuing an OF 346 (U.S. Government Motor Vehicle Operator’s Identification Card).  The DA Form 348 provides a means for recording the complete history of an individual’s qualification and previous driving and equipment operating experience.  A DA Form 348 will be maintained on every person who operates a vehicle or equipment owned or leased by the U.S. Army and maintained by the supervisor who controls the unit or organization vehicle or equipment operation.

8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System.  It also provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support Military Personnel Information Management/Records.  Table 6-2 (Transfer Documents) of this regulation provides that the DA Form 348 will be removed from the Military Personnel Records Jacket (MPRJ) during in processing and sent to the activity responsible for motor vehicle operations.  There is no provision for returning this form to the MPRJ at a later date.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  This regulation provides that formal in-service training courses successfully completed during the period of service covered by the DD Form 214 will be entered in item 14.  There is no provision for documenting routine driving experience on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his truck and trailer driving experience while deployed to Saudi Arabia in support of Operation Desert Storm was carefully considered.

2.  His record is void of any evidence and he has not provided any evidence showing he performed driver duties while deployed to Southwest Asia in support of Operation Desert Storm.

3.  Additionally, even if he had provided evidence, there is no provision for documenting routine driving experience on the DD Form 214.  The historical document for recording the complete history of an individual’s qualification and previous driving and equipment operating experience is the DA Form 348, which is not maintained in his Official Military Personnel File.

4.  The ABCMR does not amend and/or correct military records solely for the purpose of enhancing employment opportunities or making the applicant eligible for employment or employment benefits.  

5.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

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)                                         AR20100024404



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ABCMR Record of Proceedings (cont)                                         AR20100024404



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