BOARD DATE:  2 October 2012

		DOCKET NUMBER:  AR20120006694 


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 with Wheeled Component Bar and issuance of a DD Form 215 (Correction of DD Form 214 (Certificate of Release or Discharge from Active Duty)) listing the award.

2.  The applicant states he believes he is eligible for the Driver and Mechanic Badge for wheeled vehicles as he was selected to go through driver's training while in basic training at Fort Jackson, SC.  He was also a driver in advanced individual training (AIT) at Fort Gordon, GA and at Fort Bliss, TX.  His driving status continued for 2 years.  For proof he offers the fact that he was in a driving assignment as a military police officer, and in field assignments as the driver for the executive officer (XO).  He also operated fuel tanker trucks while on field assignments.

3.  The applicant provides copies of his:

* letter of appreciation, dated 10 June 1986
* Certificate of Completion for the National Safety Council's Defensive Driving Course, dated 23 June 1986
* Army Achievement Medal Certificate, dated 15 March 1988



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 10 May 1985.  He completed training and was awarded military occupational specialty (MOS) 31K (Combat Signaler).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

   a.  item 35 (Record of Assignments) that effective 30 May 1986 he was assigned to Headquarters and Headquarters Battery, 1st Battalion, 43d Air Defense Artillery, Fort Bliss, TX, with primary duty as a wire switchboard operator in MOS 31K.  There are no further entries in this item.

   b.  item 41 (Awards and Decorations) the Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 8 May 1987 as a private first class/E-3.  He had completed 1 year,        11 months, and 29 days of net active service.

5.  His DD Form 214, as corrected by a DD Form 215, shows the Army Service Ribbon, Army Good Conduct Medal, Army Achievement Medal, Army Lapel Button, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.
   
6.  The applicant's military service records do not contain a DA Form 348-1-R (Equipment Operator's Qualification Record).  They also do not contain any orders or other evidence that shows he was awarded the Driver and Mechanic Badge.

7.  The applicant provides copies of his:

	a.  letter of appreciation in which this commander expresses his appreciation for the outstanding job the applicant did in preparing his vehicle for the Brigade Technical Inspection on 27 May 1986.

	b.  Certificate of Completion for the National Safety Council's Defensive Driving Course, dated 23 June 1986, and 

	c.  Army Achievement Medal Certificate which states in part:  "For meritorious service in performance of his duties as Combat Signaler....from 5 May 1986 to 
15 March 1988...His concern for his fellow soldiers resulted in his accumulating over 5,000 accident-free miles during Collective Training, as he provided logistics support for distant relay sites."

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

   a.  Chapter 8 (Badges and Tabs, U.S. Origin), Section II (Combat and Special Skill Badges), paragraph 8-31, shows the Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Authorized component bars include "W" (for wheeled vehicles), "T" (for tracked vehicles), "M" (for motorcycles), "A" (for amphibious vehicles), "mechanic" (for automotive or allied vehicles), and "S" (for special mechanical equipment).

   b.  The eligibility criteria for drivers requires that a Soldier must:

   	(1)  possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator's Identification Card);

   	(2)  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)) or

   	(3)  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Driver and Mechanic Badge with Wheeled Component Bar because he completed driver's training and was a driver in basic training, AIT, at Fort Bliss, and as a military police officer and in field assignments.  

2.  There in no available evidence to substantiate his contentions that he performed any driving duties other than what is described in the Army Achievement Medal Certificate.  

3.  Furthermore, there is no available evidence showing he was 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.

4.  In view of all of the foregoing, the applicant's request should be denied.

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 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)                                         AR20100027806



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ABCMR Record of Proceedings (cont)                                         AR20120006694



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