IN THE CASE OF:	  

		BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130004740 


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 the:

* Meritorious Unit Commendation
* Army Superior Unit Award
* Combat Action Badge
* Driver and Mechanic Badge
* Presidential Unit Citation
* French Fourragere
* Belgian Fourragere

2.  The applicant states his DD Form 214 does not show all the awards and decorations for the units he served in.  He served in Operation Iraqi Freedom while assigned to Company C, 317th Engineer Battalion, 3rd Brigade, 3rd Infantry Division (ID).  He also served at Fort Leonard Wood, MO; 2nd ID, Korea; and in two engineer units at Fort Lewis, WA.

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

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 (RA) on 16 March 1994 and he held military occupational specialty (MOS) 12B (Combat Engineer), which later converted to MOS 21B.  He was honorably released from active duty on 15 March 1997 and he was transferred to the U.S. Army Reserve, 361st Support Battalion, Montgomery, AL. 

3.  The DD Form 214 he was issued for this period of service shows his last duty assignment as the 2nd Engineer Battalion, 2nd ID, Korea.  This form also shows the:

* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal 
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

4.  He enlisted in the RA on 26 August 1997 and he held MOS 21B.  On an unknown date, he was assigned to the 317th Engineer Battalion, 3rd Brigade, 3rd ID, Fort Benning, GA.  He was honorably discharged on 29 October 2004 by reason of completion of required active service.

5.  The DD Form 214 he was issued for this period of service shows the:

* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (6th Award)
* Presidential Unit Citation 
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal 
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon

6.   This form also shows he served in Kuwait from 7 January to 26 July 2002 and 7 January to 17 July 2003.  

7.  His record contains a DD Form 215 (Correction to DD Form 214), dated 13 March 2013, that added the Korea Defense Service Medal to his DD Form 214.

8.  His record is void of orders for the Combat Action Badge or the Driver and Mechanic Badge.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire/imminent danger pay (HF/IDP) is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.

	b.  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.

	c.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, the colors of the fourragere are red and green.  Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal, or ribbon authorized for wear by members of the unit.

	d.  The Belgian Fourragere may be awarded when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government.  Persons who were present in only one action are not authorized to wear the Fourragere.

10.  A review of the U.S. Army Human Resources Command website shows the 317th Engineer Battalion, 3rd Brigade, 3rd ID, was cited for award of the Presidential Unit Citation for the period 19 March through 1 May 2003 by Department of the Army General Orders (GO) Number 22, dated 2010.  It does not show that the unit was cited for award of the Meritorious Unit Commendation, Army Superior Unit Award, French Fourragere, or the Belgian Fourragere.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant's unit in Kuwait was cited for award of the Presidential Unit Citation during the period he was assigned to the unit; however, this unit award is already shown on his DD Form 214 for the period ending 29 October 2004.  The evidence of record does not show that his unit was cited for award of the Meritorious Unit Commendation, Army Superior Unit Award, French Fourragere, or the Belgian Fourragere during a period he was assigned to the unit.  

2.  With respect to the Combat Action Badge, this award is not intended to be awarded to all Soldiers who served in a combat zone or imminent danger area.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement while performing assigned duties in an area where HF/IDP is authorized.  There is no evidence in the applicant’s records and he has not provided any evidence that shows he actively engaged or was engaged by the enemy.  Furthermore, his record is void of a recommendation for award of this badge or orders that show he was awarded the Combat Action Badge.

3.  With respect to the Driver and Mechanic Badge, there is no evidence in his available records and he has not provided any evidence that shows he met the qualifications for award of this badge.  In addition, his record is void of orders that show he was awarded the Driver and Mechanic Badge.

4.  In view of the foregoing, he is not entitled to the requested relief.

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)                                         AR20130004740



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ABCMR Record of Proceedings (cont)                                         AR20130004740



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