IN THE CASE OF:	  

		BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20100030514 


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 Driver Badge with Driver-W Bar and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states that during his overseas service in Korea (January 1968 to January 1969) he was trained, tested, and qualified to drive and drove during the entire time he was in country.  He drove a truck utility M151A1 (1/4 ton), a truck utility 3/4, 1/2, and 5 ton cargo and tractor trailer while serving with Company A, 394th Signal Battalion at Camp Baker.  While serving with Company A, 518th Military Police Battalion, at Fort Hood, TX, he was trained, tested, and qualified to drive and drove during his entire time at Fort Hood.  He drove a truck utility M151A1 (1/4 ton); sedan, station wagon (S/W), C/A, 5-9 Pass (passenger); and truck, pick-up (PU), panel, 1/2 ton.  This correction will assist as proof to help towards possible and associated jobs having to do with specific past driving records.

3.  He provides copies of a DA Form 348 (Equipment Operator's Qualification Record (Except Aircraft)) and his DD Form 214.

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 records show he enlisted in the Regular Army in pay grade E-1 on 7 August 1967, for 3 years.  He completed training and he was awarded military occupational specialty (MOS) 95B (Military Policeman).  He served in Korea - USARPAC (U.S. Army Pacific) from 20 January 1968 through 12 January 1969.  He was assigned to Company A, 304th Signal Battalion and served in MOS 95B.  He was assigned to the 518th Military Police Battalion, at Fort Hood, and served in MOS 95B.

3.  He was honorably released from active duty in pay grade E-5 on 12 June 1970, to return to school, and was transferred to the U.S. Army Reserve Control Group (Reinforcement).   

4.  Item 13 of his DD Form 214 shows the:

* Armed Forces Expeditionary Medal (Korea)
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Driver Badge with Driver-W Bar.  There is also no evidence in his record showing he was awarded the Driver Badge with Driver-W Bar.

6.  He provided a copy of his DA Form 348, dated 24 February 1969.  The form shows he was qualified for the:

* Truck utility M151A1, 1/4 ton
* Sedan, S/W, C/A, 5-9 Pass
* Truck, PU, Panel, 1/2 ton

Section II (Background and Experience) of the DA Form 348 lists the Sedan, 5 Pass.  The form also shows he completed 2 hours of testing and 6 hours of training on 24 February 1969.  He earned a standard score of 104 and road test score of 90.

7.  Army Regulation 600-8-22 (Military Award) provides for award of the Driver 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 also 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 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing);

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Driver and Badge with Driver-W Bar is acknowledged.  The evidence or record shows he served in MOS 95B during his service in Korea and at Fort Hood.  There is no evidence in his service personnel record that shows he was recommended for or awarded this award.  The DA Form 348 he provided is insufficient evidence to show he met all of the eligibility criteria required for award of this badge.  Therefore, he is not entitled to award of the Driver Badge with Driver-W Bar and its addition to his DD Form 214.

2.  In view of the foregoing, there is no basis for granting his request.


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)                                         AR20100030514





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ABCMR Record of Proceedings (cont)                                         AR20100030514



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