IN THE CASE OF:	  

		BOARD DATE:	    29 September 2011

		DOCKET NUMBER:  AR20110003959 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in:

* Item 12d (Total Prior Active Service) - unspecified, requires calculation
* Item 12e (Total Prior Inactive Service) - unspecified, requires calculation
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - Army Reserve Components Achievement Medal (ARCAM) (2nd Award)
* Item 18 ( Remarks) - Change Mechanic Clasp to Wheeled Vehicle Clasp
* Item 19b (Nearest Relative) - ANB, 4XXX Gxxxxxxxe Loop, Apartment 1XX, Eugene, OR  97401

2.  The applicant states his prior active service should include the 2 months and 10 days included on his prior DD Form 214, effective 3 September 2003, and his total prior inactive service was more than 4 years, 11 months, and 28 days.  Further, his ARCAM should have a bronze oak leaf cluster for a second award.  The mechanic clasp in item 18 should be changed to a wheeled vehicle "driver clasp."  Finally, the individual listed as his nearest relative should be his spouse.

3.  The applicant provides:

* DD Form 214, effective 3 September 2003
* DD Form 214, effective 29 June 2008
* Permanent Orders Number 138-117, dated 16 May 2008, issued by the 1203rd Engineer Battalion, Iraq
* DD Form 220 (Active Duty Report), dated 21 August 2002
* ARCAM Memorandum, dated 3 October 2005, issued by Headquarters, Oregon National Guard (ORARNG)
* ARCAM Memorandum, dated 21 March 2008, issued by ORARNG
* Oregon Marriage License and Certificate, date of marriage 4 September 2004

CONSIDERATION OF EVIDENCE:

1.  On 21 December 2010, the applicant was informed by the Chief, Case Management Division that he must submit his request for correction of service credit to the Department of the Army, U.S. Army Human Resources Command, ATTN:  TAGD-AHRC-PDR-VIB, 1600 Spearhead Division Avenue, Department 420, Fort Knox, KY  40122-5402.  There is no indication the applicant applied to that agency and was denied relief; therefore, the Board will not consider the portion of his application that relates to correction of his total prior active and prior inactive service credit.  This issue will not be further discussed in these proceedings.

2.  The applicant's records show he enlisted in the ARNG on 25 March 2002 and he was honorably discharged on 29 September 2009.  During his period of service he held military occupational specialty (MOS) 21E (Heavy Construction Equipment Operator).

3.  He provides:

   a.  two memoranda issued by the ORARNG which show he was awarded the ARCAM on two separate occasions but for the same date of 1 March 2005;

	b.  Permanent Orders Number 138-117, issued by the 1203rd Engineer Battalion, Iraq, dated 16 May 2008, which awarded him the Driver Badge, for the period 26 August 2007 to 29 May 2008; and

	c.  Marriage License and Certificate which show he married ANB on 
4 September 2004.

4.  His DD Form 214, effective 29 June 2008, which he signed, shows he was awarded the:

* Army Commendation Medal
* Army Achievement Medal 
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal 
* Iraq Campaign Medal with campaign star
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Driver and Mechanic Badge with Mechanic Clasp

5.  Item 18 shows he served in Iraq from 27 August 2007 to 3 June 2008.

6.  Item 19b list Dxxxxxl J. Bxxxx, 1XX Cxxxxxn Drive, Eugene, OR, 97400 as the nearest relative and this same individual is listed on his DD Form 214, effective 3 September 2003.

7.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

8.  By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the Army Good Conduct Medal.  It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is off active duty.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day one once the Soldier is off active duty.  Any time prior to mobilization is lost and cannot count towards award of the ARCAM).

9.  Army Regulation 635-5 (Separation Documents) establishes the policies and provisions for the preparation and distribution of the DD Form 214.  This regulation states item 19b should reflect the name and address of a relative who would know the Soldier’s location and address.

10.  Army Regulation 600-8-22 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)

11.  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 to 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 their DA Form 348 (Equipment Operator’s Qualification Record (Except Aircraft)), and their operating performance must have been adequate in all respects.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, to have his DD Form 214 corrected to show the ARCAM (2nd Award), Driver and Mechanic Badge with "W" bar, and his spouse as his nearest relative.

2.  The evidence shows he was a heavy construction equipment operator.  Permanent orders awarded him the Driver Badge on 16 May 2008.  There is no evidence to show he performed duties that would qualify him for the award of the Mechanic Component Bar; therefore, it appears the award of the Mechanic Component Bar is an administrative error.  It would be appropriate to award him the Wheeled Vehicle Component Bar to be affixed to his previously-awarded Driver and Mechanic Badge.

3.  The applicant served a period of active duty which qualified him for award of the Army Good Conduct Medal; therefore, he was ineligible for award of the ARCAM during the same period.  Based on the award of the Army Good Conduct Medal, the ARCAM memorandum, dated 21 March 2008, should be revoked by his command and his DD Form 214 should not be corrected to show the award of a second ARCAM.  

4.  The fact the applicant was married at the time of his discharge from active duty is not in dispute.  Regulatory guidance requires an entry in item 19b of the DD Form 214 of the name and address of a relative who knows the Soldier’s location and address.  This may be any relative.  Therefore, the evidence is insufficient to show that the current entry is in error.  Further, the applicant authenticated this document with his signature implying he reviewed the information and found it to be accurate.  Also, this same individual is listed in item 19b of a previous DD Form 214 issued to the applicant.

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 to delete the Driver and Mechanic Badge with Mechanic Clasp from his DD Form 214 for the period ending 29 June 2008 and add the Driver and Mechanic Badge with Wheeled Vehicle Component Bar.

2.  The Board further determined that the evidence presented was 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 ARCAM (2nd Award) and 




amending item 19b of his DD Form 214 to show the nearest relative as his spouse.  



      _______ _   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)                                         AR20110003959





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ABCMR Record of Proceedings (cont)                                         AR20110003959



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