IN THE CASE OF:	  

		BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120009073 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar

2.  He also requests correction of his DD Form 215 (Correction to DD Form 214) issued on 20 September 2007 to show his social security number (SSN) as 
"264-XX-XXXX" instead of "246-XX-XXXX." 

3.  The applicant states his DD Forms 214 and 215 contain errors.  

4.  The applicant provides:

* DD Form 214
* DD Forms 215, issued on 20 September 2007 and 21 May 2007
* DA Form 348 (Driver Qualification Record)
* Special Orders (SO) Number 152, dated 15 September 1960

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 29 July 1960.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his service number; it did not list his SSN.

3.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 676.10 (Tandem Rotor Helicopter Mechanic).  

4.  SO Number 152, issued by Headquarters, 2nd Training Regiment, U.S. Army Training Center, Fort Jackson, SC, on 15 September 1960, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

5.  His DA Form 24 (Service Record) and subsequent DA Form 20 (Enlisted Qualification Record) listed his SSN as "264-xx-xxxx." 

6.  He served in Vietnam as an aircraft crewman (MOS 670.00) with the 57th Transportation Company from 21 November 1961 to 5 November 1962.  He was reassigned to Fort Meade, MD, upon completion of his tour.

7.  SO Number 70, issued by Headquarters, 35th Artillery Brigade (Air Defense), Fort Meade, MD, on 29 April 1963, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine).

8.  On 13 July 1963, he completed a DA Form 41 (Record of Emergency Data).  His SSN is listed as "264-XX-XXXX" on this form. 

9.  He was honorably released from active duty on 28 July 1963.  His 
DD Form 214 shows in:

* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - the Good Conduct Medal
* Item 32 (Remarks) - his SSN as "264-XX-XXXX"

10.  On 21 May 2007, an official at the U.S. Army Human Resources Command (HRC) issued the applicant a DD Form 215 that listed his SSN as 
"264-XX-XXXX" and added awards of the:

* Armed Forces Expeditionary Medal
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Republic of Vietnam Gallantry Cross with Palm Device

11.  On 20 September 2007, HRC issued him a second DD Form 215 that:

* Deleted the SSN "264-XX-XXXX" and added the SSN "246-XX-XXXX"
* Voided the previous DD Form 215, dated 21 May 2007
* Added awards of the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Republic of Vietnam Gallantry Cross with Palm Device

12.  He submitted a DA Form 348 that shows during his assignment to the 57th Transportation Company, he was qualified on 20 April 1961 to drive the M38A1 utility truck, M-37 cargo truck, and all 2 1/2-ton trucks. 

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Driver and Mechanic Badge.  Component bars are authorized only for the following types of vehicles and/or qualifications:  (1) Driver-W (for wheeled vehicles); (2) Driver-T (for tracked vehicles); (3) Driver-M (for motorcycles); (4) Driver-A (for amphibious vehicles); (5) Mechanic (for automotive or allied vehicles); and (6) Operator-S (for special mechanical equipment).

14.  Army Regulation 600-8-22 states the eligibility requirements for drivers require that a Soldier must:  (1) 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 (Motor Vehicle Driver and Equipment Operator Selection, Training, Testing, and Licensing) and (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.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  With respect to the Driver/Mechanic Badge, although the applicant was qualified in various military trucks, he held MOS 676.10.  It does not appear 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.  As such, there is insufficient evidence to award him the badge.

3.  With respect to the SSN issue:

	a.  The applicant used the SSN "264-XX-XXXX" throughout his military service. His DD Form 214 correctly listed this SSN.  The DD Form 215, dated 21 May 2007, also correctly listed this SSN.  

	b.  The second DD Form 215, dated 20 September 2007, voided the previous DD Form 215, added awards, and for unknown reasons, amended the applicant's SSN to "246-XX-XXXX."

	c.  As a matter of clarity, his DD Form 215, dated 20 September 2007, should be voided.  A new DD Form 215 should be issued that captures the correct SSN and all authorized awards and decorations.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* voiding his DD Form 215, dated 20 September 2007
* issuing a new DD Form 214 or DD Form 215 that shows award of the –

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)

2.  The Board further determined 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 the Driver and Mechanic Badge with Driver-W Bar.



      _____________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)                                         AR20120009073





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ABCMR Record of Proceedings (cont)                                         AR20120009073



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