IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110011718 


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 that he held a combat arms military occupational specialty (MOS) from the Marine Corps and that he was awarded the Drivers Badge, the Good Conduct Medal, the Infantry Braid (Infantry Blue Cord) and the Marksmanship award for the M60 machinegun. 

2.  The applicant states he held a combat arms MOS in the Marine Corps that should be reflected on his DD Form 214 as well as awards of the Drivers Badge, the Good Conduct Medal, the Infantry Braid (Infantry Blue Cord) and the Marksmanship award for the M60 machinegun.

3.  The applicant provides copies of his two DD Form 214s.

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 was serving in the U.S. Marine Corps Reserve (USMCR) on 19 June 1980 when he was ordered to his initial active duty for training and he served until 23 October 1980 when he was honorably released from his initial tour of active duty training at Camp LeJeune, North Carolina.  He was awarded the primary specialty of 0351 – Anti-Tank Assault Man.

3.  On 25 February 1981 he enlisted in the Regular Army for a period of 4 years and training as a personnel actions specialist.  He was transferred to Fort Jackson, South Carolina to undergo his training.  He completed his basic training and remained at Fort Jackson to undergo training as a personnel actions specialist; however, he failed to complete that training and was enrolled in training as a power generation and wheel vehicle mechanic, which he completed.

4.  He was transferred to Germany on 22 July 1981 and was assigned to an infantry company as a wheel vehicle mechanic.  He departed Germany on 24 July 1983 and was transferred to Fort Stewart, Georgia for assignment to a maintenance company.

5.  On 24 February 1985 he was honorably released from active duty (REFRAD) due to the expiration of his term of service.  He had served 4 years, 4 months, and 5 days of total active service and his DD Form 214 issued at the time of his REFRAD shows his primary specialty was that of a wheel vehicle mechanic and that he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Army Achievement Medal, the Sharpshooter Marksmanship Badge with rifle bar, and the Good Conduct Medal. 

6.  Inasmuch as the applicant’s Army DD Form 214 contains the award of the Good Conduct Medal, that award will not be discussed further in these proceedings.

7.  A review of the applicant’s official records failed to show that he was awarded the Drivers Badge or a marksmanship award for the M-60 machinegun.

8.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) provides, in pertinent part, that the Shoulder Cord is authorized by the Commanding General, United States Army Infantry Center to those Soldiers who complete Army training programs for award of an infantry primary MOS.  The Shoulder Cord is an item of uniform wear and is not an award or decoration.

9.  Army Regulation 600-8-104 (Military Personnel Information Management Records) prescribes the policies, operating tasks and steps governing the preparation and maintenance of Army personnel records.  It makes no provisions for adding specialties awarded by other uniformed services in Army records.

10.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that in block 11 only those additional specialties in which an individual served (i.e., held) for a period of 1 year or more will be entered.

11.  Army Regulation 635-5 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 (Military Awards) gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, items of uniform wear, and similar items are not listed.

12.  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.

13.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge.  Orders are required for awards of these badges and 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)

14.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.  Awards of marksmanship badges are announced in orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and appear to lack merit.

2.  There are no provisions for entering a specialty from another armed force on the DD Form 214.

3.  Notwithstanding that the applicant did not attend or complete an Army Training Program necessary for authorization to wear the Infantry shoulder cord nor was he awarded an Army infantry MOS, the shoulder cord is an item of uniform wear and is not authorized for entry on the DD Form 214.

4.  The applicant has failed to show through the evidence of record and the evidence submitted with his application that he was awarded the Drivers Badge or a marksmanship award for the M60 machinegun.  Therefore, in the absence of such evidence there appears to be no basis to grant his request to have them added to his DD Form 214.

5.  Accordingly, there does not appear to be any basis to approve the applicant’s application.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20110011718





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ABCMR Record of Proceedings (cont)                                         AR20110011718



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