IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110017068
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 reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 February 2005 to show he is authorized the "Driver Badge-Wheeled."
2. The applicant states he was awarded the "Driver Badge-Wheeled" in Permanent Order Number 017-17, dated 17 January 2007.
3. The applicant provides:
* Permanent Order Number 017-17, dated 17 January 2007
* Request for Driver's Badges, dated 1 January 2005
* Bravo Company, 2nd Battalion, 108th Infantry, Drivers Badge Roster, dated 1 January 2005
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100020573 on 22 March 2011.
2. The ABCMR previously denied the applicant's request for correction of his DD Form 214 to show he is authorized the Driver and Mechanic Badge with Driver-W Clasp. Although the Driver and Mechanic Badge with Driver-W Clasp is shown on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) effective 18 August 2007, his record was void of any evidence and he failed to submit evidence showing the period of service for which he was awarded the badge.
3. The applicant's official military record contains a DD Form 214 showing he served on active duty from 1 October 2003 through 3 February 2005. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he is authorized the following awards:
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
4. On 8 May 2007, he was issued a DD Form 215 (Correction to DD Form 214) showing he is authorized the Combat Infantryman Badge.
5. On 22 March 2011, the ABCMR recommended correction of the applicant's DD Form 214 for the period ending 3 February 2005. On 12 July 2011, he was issued a second DD Form 215 showing he is authorized the following awards:
* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Meritorious Unit Commendation
6. The applicant now submits a copy of Permanent Order Number 017-17, dated 17 January 2007, showing he was awarded the Driver Badge-Wheeled [sic] for the period 1 October 2003 through 1 January 2005. He also submits a copy of the request for award of the badge.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the Driver and Mechanic Badge. Component bars are authorized 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 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. This regulation states that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations, and campaign ribbons awarded or authorized for all periods of service.
9. Army Regulation 635-5, paragraph 2-7, states that when a DD Form 214 is administratively issued or reissued, enter that fact and the date of such action on the DD Form 214 in item 18 (Remarks) unless the appellate authority, executive order, or Secretarial directive specifies otherwise. Do not issue DD Forms 214 to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record. Once a DD Form 214 has been issued, do not reissue except for the following reasons:
a. when directed by proper appellate authority, executive order, or by the Secretary of the Army;
b. when it is determined that the original DD Form 214 cannot be properly corrected by the issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or
c. when two DD Forms 215 have been issued and an additional correction is required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. His NGB Form 22 shows he was awarded the Driver and Mechanic Badge with Driver-W Clasp. He submits a copy of Permanent Order Number 017-17 showing he was awarded the Driver Badge-Wheeled [sic] for the period 1 October 2003 through 1 January 2005. He served on active duty from 1 October 2003 through 3 February 2005. He was issued a DD Form 214 covering this period of service and the subject badge was awarded during this period of service. However, the correct title of the badge is Driver and Mechanic Badge with Driver-W Bar.
3. The applicant has already been issued two DD Forms 215. He is not authorized a third DD Form 215 in accordance with Army Regulation 635-5, a new DD Form 214 must be issued.
4. The applicant's official military record should be corrected as recommended below.
BOARD VOTE:
___X ___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20100020573, dated 22 March 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. voiding his DD Form 214 for the period ending 3 February 2005;
b. voiding his DD Form 215, dated 8 May 2007;
c. voiding his DD Form 215, dated 12 July 2011;
d. issuing him a new DD Form 214 for the period 1 October 2003 through 3 February 2005 showing he is authorized the following awards:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Overseas Service Ribbon
* Meritorious Unit Commendation
* Combat Infantryman Badge
* Driver and Mechanic Badge with Driver-W Bar
e. entering the statement "DD Form 214 ADMINISTRATIVELY REISSUED ON (date the new DD Form 214 is prepared)" in item 18.
___________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.
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