IN THE CASE OF:	  

		BOARD DATE:	    10 July 2012

		DOCKET NUMBER:  AR20120001065 


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 award of the Driver and Mechanic Badge.

2.  The applicant states:

* it was not common practice for his former battalion to award the Mechanic Badge to its mechanics
* his battalion felt that a drivers job was just another part of the job so they never awarded the Driver Badge to its drivers
* he met all the requirements for the badges

3.  The applicant provides:

* two applications
* excerpts from Army Regulation 600-8-22 (Military Awards) pertaining to the Driver and Mechanic Badge
* diplomas for the Track Vehicle Mechanic Course, M1 Abrams Tank 63E Organizational Tank Automotive Mechanic Course, and Bradley Fighting Vehicle System Mechanic
* Certificates of achievement and training
* Letters of commendation
* DA Form 1059 (Service Academic Evaluation Report)
* Orders for the Army Commendation Medal
* DA Form 638 (Recommendation for Award)
* Service personnel records 

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.  Having prior active service in the Regular Army, the applicant enlisted in the Army National Guard on 24 June 2003.  He was awarded military occupational specialty (MOS) 63M (Bradley fighting vehicle system maintainer) and MOS 63A (Abrams tank system maintainer).  He was ordered to active duty in support of Operation Iraqi Freedom on 1 September 2005.  He served in Iraq from 
10 November 2005 to 3 November 2006.  On 4 December 2006, he was released from active duty.   

3.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 December 2006 does not show the Driver and Mechanic Badge as an authorized award.

4.  There are no orders for the Driver and Mechanic Badge in the available records.

5.  He was honorably discharged from the Army National Guard on 23 June 2007.

6.  He provides documentation which shows he completed the Track Vehicle Mechanic Course, M1 Abrams Tank 63E Organizational Tank Automotive Mechanic Course, and Bradley Fighting Vehicle System Mechanic Course.

7.  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)

8.  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 (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.

9.  Army Regulation 600-8-22 states 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 his or her DA Form 348. 

10.  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 materials 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.
DISCUSSION AND CONCLUSIONS:

The documentation provided by the applicant does not show he met all the requirements for the Driver and Mechanic Badge.  In the absence of evidence showing he met all of the requirements, the documentation provided by the applicant is not sufficient as a basis for award the Driver and Mechanic Badge. 

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)                                         AR20120001065





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ABCMR Record of Proceedings (cont)                                         AR20120001065



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