BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120011056
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, in effect, the Army Good Conduct Medal, Driver and Mechanic Badge, and Army Achievement Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states none of the above awards are listed on his DD Form 214. He would like to have this oversight corrected.
3. The applicant provides a Standard Form 180 (Request Pertaining to Military 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 applicants 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 applicants 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 24 November 1981 for a period of 4 years. He completed his training and was awarded military occupational specialty 62F (lifting/loading equipment operator). On 14 November 1985, he was honorably released from active duty in the rank of private first class after completing 3 years, 11 months, and 21 days of creditable active service with no time lost.
3. His DD Form 214 does not show the Army Good Conduct Medal, Driver and Mechanic Badge, or Army Achievement Medal as authorized awards. His DD Form 214 shows his effective date of rank for private first class/E-3 was 29 April 1985.
4. There are no orders for the Army Good Conduct Medal, Driver and Mechanic Badge, or Army Achievement Medal in the available records.
5. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show entitlement to the Army Good Conduct Medal, Driver and Mechanic Badge, or Army Achievement Medal.
6. Item 18 (Appointments and Reductions) of his DA Form 2-1 shows he was appointed a specialist four on 1 June 1983.
7. There is no evidence of any disciplinary actions and the reason he was reduced to private first class in April 1985 is unknown.
8. 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.
9. 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)
10. 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 Operators 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 Operators 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.
11. Army Regulation 600-8-22 states the eligibility requirements for mechanics require that a Soldier must:
a. pass aptitude tests and complete the standard mechanics 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 (Equipment Operators Qualification Record (Except Aircraft)).
12. 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.
13. Army Regulation 600-8-22 states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant enlisted on 24 November 1981 and he attained the rank of specialist four on 1 June 1983. Although he was reduced in rank to private first class on 29 April 1985, 41 months after his enlistment, it appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 24 November 1981 through 23 November 1984. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.
2. There are no orders for the Driver and Mechanic Badge in the available records. There is also no evidence he met all the requirements for the Driver and Mechanic Badge. Therefore, there is insufficient evidence on which to base adding this badge to his DD Form 214.
3. Since there are no orders for the Army Achievement Medal in the available records, and the applicant did not provide any orders, there is insufficient evidence on which to base adding this medal to his 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 him the Army Good Conduct Medal (1st Award) for the period
24 November 1981 through 23 November 1984; and
b. adding the Army Good Conduct Medal (1st Award) to his DD Form 214.
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 Driver and Mechanic Badge, or Army Achievement Medal to his 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.
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