IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110011750 


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 award of the following:

* Army Achievement Medal 
* Army Commendation Medal 
* Army Commendation Medal (First Oak Leaf Cluster) 
* Military Traffic Management Command  (MTMC) Soldier of the Year
* Expert Marksmanship Qualification Badge with 9 millimeter (9mm) Pistol Bar
* Ammunition Driver and Handler Certification

2.  The applicant states his original records file was not provided to the Fort Lewis, Washington, Outprocessing Center and the items were not recorded on his 
DD Form 214. 

3.  The applicant provides:

* DD Form 214
* three DA Forms 638 (Recommendation for Award)
* DA Form 2442 (Certificate of Achievement)
* two Military Police Firearms Qualification Course – Range Cards for the 
9mm Pistol
* two DD Forms 1902 (Certificates of Qualification)

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 U.S. Army Reserve (USAR), on 16 September 1993, for a period of 8 years and he was assigned to the USAR Control Group (Reserve Officers' Training Corps (ROTC)).

3.  On 25 January 1996, he was disenrolled from ROTC and ordered to active duty effective 9 February 1996 in the rank/grade of private/E-1 and assigned to the 43d Adjutant General Battalion, Fort Leonard Wood, Missouri.  He completed training and was awarded military occupational specialty 88M (Motor Transport Operator).  He was honorably discharged on 21 January 2000.  The highest rank/grade he attained was specialist /E-4.

4.  Permanent Order 099-01, dated 24 April 1997, issued by Headquarters, MTMC Western Area, Oakland Army Base, Oakland, California, awarded the applicant the Army Achievement Medal.

5.  Permanent Order 170-1, dated 17 June 1998, issued by Headquarters, MTMC Western Area, Oakland Army Base, Oakland, California, awarded the applicant the Army Commendation Medal.

6.  Permanent Order 251-001, dated 8 September 1999, issued by Headquarters, MTMC Deployment Support Command, Fort Eustis, Virginia, awarded the applicant the Army Commendation Medal, First Oak Leaf Cluster.

7.  A DA Form 2442, dated 10 November 1998, shows the applicant was selected as the MTMC's Deployment Support Command Soldier of the Year. 



8.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Forms
2-1 (Personnel Qualification Record) shows he was awarded the following:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (9mm)

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 for the period ending 21 January 2000 shows the following:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

10.  On 22 January 2000, the applicant enlisted in the Nevada Army National Guard and was honorably discharged on 21 January 2002.  

11.  The applicant provides copies of his Certificates of Qualification as an Ammunition Handler and Ammunition Driver.

12.  A review of the applicant's records show he is entitled to additional awards.

13. There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

14.  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.  

15.  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)

16.  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.

17.  Army Regulation 600-8-22 states the eligibility requirements for operators of special mechanical equipment require that a Soldier whose primary duty involves operation of Army materiels handling or other mechanical equipment must have completed 12 consecutive months or 500 hours of operation, whichever comes later, without accident or written reprimand as the result of his or her operation, and his or her operating performance must have been adequate in all respects.

18.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  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.

19.  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.  It establishes standardized policy for the preparation of the DD Form 214.  Authorized entries do not include the Soldier of the Year recognition.  Certifications obtained through military education courses are not listed on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  Permanent Order Number 099-01 awarded him the Army Achievement Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Permanent Order Number 170-1 awarded him the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Permanent Order Number 251-001 awarded him the Army Commendation Medal, First Oak Leaf Cluster.  Therefore, he is entitled to correction of his 
DD Form 214 to show this award.

5.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (1st Award).  He attained the rank/grade of SPC/E-4 and he was awarded the Army Commendation Medal and Army Achievement Medal during his term of service.  It appears he was not awarded this medal as a result of an administrative error.  Therefore, it would be appropriate at this time to award him the Army Good conduct Medal (1st Award) for the period 9 February 1996 through 8 February 1999 and to correct his DD Form 214 to show this medal.

6.  Records show the applicant received the Expert Marksmanship Qualification Badge with Hand Grenade Bar and Sharpshooter Marksmanship Qualification Badge with Pistol Bar (9mm).  Therefore, he is entitled to correction of his 
DD Form 214 to show these badges.

7.  Army Regulation 635-5 prescribes the standardized policy for preparing the DD Form 214.  There are no provisions for entering a "Soldier of the Year" award or Ammunition Driver and Ammunition Handler certification on the DD Form 214.  



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 by:

   a.  awarding the applicant the:

*	Army Good Conduct Medal (1st Award) for the period 9 February 1996 
	through 8 February 1999
   
   b.  adding the following to item 13 of his DD Form 214:

*	Army Achievement Medal
*	Army Commendation Medal, (1st Oak Leaf Cluster)
*	Army Good Conduct Medal (1st Award)
*	Expert Marksmanship Qualification Badge with Hand Grenade Bar
*	Sharpshooter Qualification Badge with 9mm Pistol Bar

2.  The Board further determined that the evidence presented is 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 adding the Soldier of the Year, Ammunition Driver and Ammunition Handler certification to the individual's DD Form 214.  




      _______ _   __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)                                         AR20110011750



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011750



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1