IN THE CASE OF:	  

		BOARD DATE:  5 November 2013

		DOCKET NUMBER:  AR20130004715 


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 reconsideration of his earlier application for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Unit Commendation (MUC) and promotion (lateral appointment) to the rank of corporal (CPL).  As a new issue, he requests award of the Driver and Mechanic Badge with Mechanic Bar.

2.  The applicant states:

	a.  The Board's response stated the MUC was not authorized for members of the 147th Maintenance Company prior to 2003; however, a unit picture of the 147th Maintenance Company shows officers wearing the medals in 1992.

	b.  He was never promoted (appointed) to CPL despite serving in a sergeant position on more than one occasion.

	c.  He worked as a mechanic for 3 1/2 years and believes he is entitled to the mechanic bar for wear on his Driver and Mechanic Badge.

	d.  The Board previously determined his foreign service should be corrected from 1 year, 11 months, and 28 days to 2 years, 3 months, and 19 days; however, it was not changed when he received his new DD Form 214.

3.  The applicant provides:

* self-authored statement
* photocopy of 147th Maintenance Company unit members in 1992
* DD Form 214
* two DD Forms 215 (Correction to DD Form 214)
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings Docket Number AR20110024066

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20110024066 on 5 June 2012.

2.  As a result of the Board's ruling in ABCMR Docket Number AR20110024066, the applicant was provided with a DD Form 215, dated 12 August 2012.  Item 5 (Original DD Form 214 is Corrected as Indicated Below) clearly shows item 12f (Foreign Service) was corrected to read 2 years, 3 months, and 19 days.  Therefore, this issue will not be addressed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 21 March 1991.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 63W (Wheeled Vehicle Mechanic).  He served in the 147th Maintenance Company in Germany during the period 27 September 1991 through 24 September 1993 as a wheeled vehicle mechanic.  On 21 May 1993, he was promoted to the rank/grade of specialist (SPC)/E-4, the highest rank/grade he attained during this period of service.

4.  On 20 March 1995, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 4 years of creditable active service with no lost time.  His DD Form 214, as corrected by a DD Form 215, dated 12 August 2012, shows he was awarded or authorized the:

* Army Achievement Medal (3rd Award)
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* Driver and Mechanic Badge with Driver-W Bar
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

5.  His record is void of evidence and he did not provide any evidence to show he was either promoted or laterally appointed to the rank of CPL.

6.  The applicant provides a photograph of 147th Maintenance Company unit members.

7.  Army Regulation 600-8-22 (Military Awards) states the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 147th Maintenance Company was awarded the MUC for the following periods of service during the Vietnam era:

* 20 July 1966-30 November 1968
* 1 January 1969-15 February 1970
* 30 May 1970-30 June 1971
* 1 July 1971-31 March 1972

9.  Department of the Army General Orders Number 2009-32, dated 29 December 2009, awarded the 147th Maintenance Company the MUC for the period 19 March 2003 through 12 March 2004.

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), table 29-1 (Authority for Wear – U.S. Unit Award Emblems) shows the MUC and subsequent awards of the MUC are authorized for permanent and temporary wear.

	a.  A Soldier may wear the unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or was attached by competent orders to and present for duty with the unit the entire period or for at least 30 consecutive days of the period cited.  When a Soldier is permanently awarded a unit award and is subsequently assigned to a unit that has received the same unit award, the Soldier will wear the permanent award in lieu of the temporary unit award.

	b.  A Soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.  Soldiers may wear the unit award only while assigned to the cited unit.  For elements of regiments organized under the New Manning System or Combat Arms Regimental System, only personnel of the earning unit wear the emblem temporarily.

11.  Army Regulation 600-8-22 also provides for award of the Driver and Mechanic Badge.  It states the eligibility requirements for mechanics require that a Soldier must:

	a.  pass aptitude tests and complete the standard mechanic's 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 be 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 accidents or traffic violations recorded on his or her DA Form 348 (Equipment Operator's Qualification Record (Except Aircraft)).

12.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) prescribes the reporting, selection, assignment, and utilization of enlisted personnel, excluding initial entry training Soldiers.  It provides general assignment policies and responsibilities for managing the enlisted force.  It further states commanders in the rank of lieutenant colonel (LTC) and above may authorize lateral appointment of SPC to CPL without local selection board action provided the individuals are assigned to an authorized noncommissioned officer (NCO) position in their career-progression MOS.  The regulation does not show lateral appointment is required whenever an SPC is assigned to an NCO position.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the MUC and appointment to the rank of CPL.  He also requests award of the Driver and Mechanic Badge with Mechanic Bar as a new issue.

2.  The applicant contends the MUC was awarded to the 147th Maintenance Company prior to 1992 and he provides a picture he believes shows members of the unit wearing the award.  The available evidence shows the unit was awarded the MUC for four periods of service during the Vietnam era as well as for the period 19 March 2003 through 12 March 2004.  In accordance with Army Regulation 670-1, members may wear a unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.  While the applicant may have been authorized to temporarily wear the MUC during his period of service with the 147th Maintenance Company, the unit was not awarded the MUC while he was assigned.  Therefore, he is not entitled to the requested relief.

3.  With regard to award of the Driver and Mechanic Badge with Mechanic Bar, the applicant was previously awarded the Driver and Mechanic Badge with Driver-W Bar.  The evidence shows he was a proficient school-trained wheeled vehicle mechanic with well over 3 years of experience and assigned to primary duty as a wheeled vehicle mechanic in a maintenance battalion.  In view of the foregoing, there is sufficient evidence to award him the Mechanic Bar for wear with his previously-awarded Driver and Mechanic Badge.

4.  The applicant claims he should have been appointed to the rank of CPL because he held an NCO position on more than one occasion.  By regulation, commanders in the rank of LTC and above may authorize lateral appointment of SPC's to CPL's without local selection board action provided the individuals are assigned to an authorized NCO position in their career-progression MOS; however, there is no requirement to appoint an SPC to CPL.

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 partial relief.

2.  In regard to the reconsidered issues, 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 to amend the decision of the ABCMR set forth in Docket Number AR20110024066, dated 5 June 2012.

3.  In regard to the new issue, the evidence demonstrates the existence of a probable error or injustice.  Therefore, the Board determined the records of the individual concerned should be corrected by awarding him the Mechanic Bar for wear on his previously-awarded Driver and Mechanic Badge.



      _______ _  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)                                         AR20130004715



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ABCMR Record of Proceedings (cont)                                         AR20130004715



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