IN THE CASE OF:	  

		BOARD DATE:	    5 February 2013

		DOCKET NUMBER:  AR20120011811 


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 (Certificate of Release or Discharge from Active Duty) to show award of the:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Driver and Mechanic Badge with Driver-W Bar

2.  The applicant states, in effect, these awards are not listed on his DD Form 214.

3.  The applicant provides a DA Form 638 (Recommendation for Award).

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's records show he enlisted in the Regular Army on 7 April 1992 and he held military occupational specialty 44B (Metal Worker).  His last unit of assignment was the 568th Engineer Company, 52nd Engineer Battalion, Fort Riley, KS.

3.  Permanent Order (PO) Number 60-09 issued by Headquarters, 52nd Engineer Battalion, dated 20 September 1994, awarded him the Army Achievement Medal for exceptionally meritorious service.

4.  PO Number 330-05 issued by Headquarters, 937th Engineer Group, dated 26 November 1997, awarded him the Army Commendation Medal for meritorious service from 15 October 1994 through 10 January 1998.

5.  He was honorably released from active duty on 6 February 1998 and he was transferred to the U.S. Army Reserve.  He completed 5 years and 10 months of net active service.

6.  His DD Form 214 shows award of the Army Achievement Medal (1st Award).  It does not show award of the Army Commendation Medal or the Driver and Mechanic Badge with Driver-W Bar.

7.  His records do not contain orders for a second award of the Army Achievement Medal or the Driver and Mechanic Badge with Driver-W Bar.

8.  The applicant provides a DA Form 638, dated 4 November 1997, which contains the entry "AAM (1 OLC) [Army Achievement Medal with 1st Oak Leaf Cluster]" in block 8 (Previous Awards).

9.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished him or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 states 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.  Commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may approve award of the Driver and Mechanic Badge.  Component bars are authorized for the following types of vehicles and/or qualification:  (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).  The eligibility requirements for drivers requires that a Soldier must 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, or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.  The eligibility requirement for mechanics requires a Soldier must pass aptitude tests and complete the standard mechanics course with a skilled rating and be assigned to primary duty as an automotive or engineer mechanic at unit level or higher.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  With respect to the second award of the Army Achievement Medal, there is no evidence in his available records that shows he was awarded the Army Achievement Medal with 1st Oak Leaf Cluster.  Although he provides a DA Form 638 that lists his previous awards as the Army Achievement Medal with 1st Oak Leaf Cluster, the governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Army Achievement Medal).  In the absence of orders, there is insufficient evidence to correct his records to show the Army Achievement Medal (2nd Award).

3.  With respect to the Driver and Mechanic Badge with Driver-W Bar, there is no evidence in his available records and he has not provided any evidence that shows he was awarded this badge or that he met the qualifications for award of this badge.  Therefore, there is insufficient evidence to correct his records to show this badge.

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 adding the Army Commendation Medal to his DD Form 214.

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 Army Achievement Medal (2nd Award) and 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)                                         AR20120011811



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ABCMR Record of Proceedings (cont)                                         AR20120011811



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