IN THE CASE OF:	  

		BOARD DATE:  27 August 2013

		DOCKET NUMBER:  AR20130000605 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his pay grade as E-4 and award of the Safe Driver Medal.

2.  The applicant states:

* he enlisted in the Army in pay grade E-2 as a result of his college and Reserve Officers' Training Corps participation
* his Safe Driver Medal is missing
* he does not have any records due to the fire in St. Louis – his records were burned

3.  The applicant provides no additional evidence.

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 in the rank/pay grade of private (PV1)/E-1 on 2 April 1981.  He was trained in and awarded military occupational specialty 16J (Defense Acquisition Radar Operator).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he was advanced to the rank/pay grade of private first class (PFC)/E-3 on 10 February 1982 and this was the highest rank he held while on active duty.  His DA Form 2-1 also shows he was twice reduced to private (PV2)/E-2 and he was ultimately reduced to PV1/E-1 on 20 September 1983.

4.  His Army Military Human Resource Record (previously known as the Official Military Personnel File) is void of any orders or other documents that indicate he was ever recommended for or promoted to E-4 or any other grade above PFC by proper authority while serving on active duty.  It is also void of orders or other documents to show he was awarded the Safe Driver Medal.

5.  On 29 November 1983, the 257th Personnel Service Company published Orders 313-160 directing the applicant's release from active duty (REFRAD) in the rank/pay grade of PV1/E-1 effective 1 April 1984.

6.  On 1 April 1984, the applicant was honorably REFRAD.  His DD Form 214 shows his rank/pay grade as PV1/E-1.  He completed 3 years of active military service.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 8-31 provides guidance for award of the Driver and Mechanic Badge.  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.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant's discharge contained item-by-item instructions for completing the DD Form 214.  These instructions provided that the active duty grade of rank and pay grade at the time of separation would be entered on the DD Form 214.

9.  On 12 July 1973, a disastrous fire at the National Personnel Records Center destroyed approximately 16-18 million Official Military Personnel Files.  The fire affected the records of Army personnel discharged between 1 November 1912 and 1 January 1960.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he held pay grade E-4 at the time of his release from active duty.  The evidence of record confirms he was last reduced to PV1/E-1 on 20 September 1983 and this was the rank and pay grade he held on the date of his REFRAD.  In accordance with Army Regulation 635-5, the applicant's DD Form 214 correctly shows the appropriate rank/pay grade he held at the time of his REFRAD.

2.  The applicant contends that his DD Form 214 should be corrected to show he was awarded the Safe Driver Medal.  The Safe Driver Medal is not listed in the Department of the Army inventory of awards.  Therefore, the applicant could not have been awarded said medal during his active duty service and it is not authorized for entry on the DD Form 214.  Further, in the event the applicant was referring to the Driver and Mechanic Badge, there is no evidence he was ever awarded this badge by the appropriate authority.  Accordingly, there is no basis upon which to add this badge to his DD Form 214.

3.  A fire destroyed approximately 16-18 million service members' records at the National Personnel Records Center in St. Louis in 1973.  The applicant enlisted in the Regular Army on 2 April 1981; therefore, his records were not affected by the fire nearly 10 years earlier.

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)                                         AR20130000605



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ABCMR Record of Proceedings (cont)                                         AR20130000605



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