IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110010833 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Driver and Mechanic Badge with Driver-T (for tracked vehicles) Bar and the Army Achievement Medal.

2.  The applicant states he drove the colonel's tank for 2 years without any accidents and he had a successful kill ratio while at the National Training Center (NTC), Fort Irwin, CA, in November 1994,

3.  The applicant provides a letter from the National Personnel Records Center (NPRC), St. Louis, MO.

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 enlisted in the Regular Army on 22 January 1992.  He completed training and he was awarded military occupational specialty 19K
(M1 Armor Crewman).

3.  On 27 May 1994, he was honorably released from active duty at the completed of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years, 4 months, and 6 days of creditable active service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized - All Periods of Service) of the DD Form 214 he was issued does not show the Army Achievement Medal or the Driver and Mechanic Badge with Driver-T Bar.

5.  There is no evidence and the applicant did not provide any evidence showing he was recommended for or awarded the Army Achievement Medal or the Driver and Mechanic Badge with Driver-T Bar.

6.  His records do not contain orders for the Army Achievement Medal or the Driver and Mechanic Badge with Driver-T Bar.

7.  Item 9 (Awards, Decorations & Citations) of his DA Form 2-1 (Personnel Qualification Record) does not list either of these awards.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Component bars are authorized for the Driver and Mechanic Badge only for the authorized types of vehicles and/or qualifications, including the "Driver-T" (for tracked vehicles).  The eligibility requirements for drivers require that a Soldier must:

* 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
* 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
* have no government motor vehicle accident or traffic violation recorded on his/her DA Form 348-1-R (Equipment Operator’s Qualification Record (Except Aircraft)
* perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

9.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not contain any evidence and the applicant did not provide any evidence that shows he was recommended for or awarded the Army Achievement Medal or that he qualified for or was awarded the Driver and Mechanic Badge with Driver-T Bar.  Therefore, he is not entitled to correction of his DD Form 214 to show these awards.


2.  While the available evidence is insufficient for awarding the applicant the Army Achievement Medal, this in no way affects the applicant’s right to pursue his claim for the Army Achievement Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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)                                         AR20110010833



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ABCMR Record of Proceedings (cont)                                         AR20110010833



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