BOARD DATE:	  3 December 2013

		DOCKET NUMBER:  AR20130006687 


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 component bars Driver-W, Driver-M, and Operator-S with his already-awarded Driver and Mechanic Badge.

2.  The applicant states he only recently noticed the omission of these component bars.

3.  The applicant provides copies of:

* Member 4 copy of his DD Form 214
* Member 4 copy of his DD Form 215 (Correction to DD Form 214)
* Permanent Orders 2-9, 70th Ordnance Battalion, dated 29 May 1991
* Request for Orders, 526th Forward Support Battalion, dated 14 February 1995
* Permanent Orders 04-13, 1st Special Forces, dated 7 February 1996
* Section 9 (Awards, Decorations & Campaigns), DA Form 2-1 (Personnel Qualification Record - Part II

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.  On 1 March 1989, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 92A (Automated Logistical Specialist).

3.  Permanent Orders 2-9, 70th Ordnance Battalion, dated 29 May 1991, as provided by the applicant and filed in his Army Military Human Resource Record (AMHRR), announced award of the Driver and Mechanic Badge with Driver-W component bar for his accumulation of over 8,000 miles in 1 year of driving military wheeled vehicles without accident or incident.

4.  A Request for Orders (RFO), dated 14 February 1995, as provided by the applicant, states that the applicant had met the requirements for award of the Operator-S component bar.  The RFO was signed by the battalion commander, a lieutenant colonel, pay grade O-5.

5.  Permanent Orders 04-13, 1st Special Forces, dated 7 February 1996, as provided by the applicant and filed in his AMHRR, announced award of the Driver and Mechanic Badge with Driver-M component bar.  The orders stated that he had met two or more of the following requirements:

	a.  accumulated over 8,000 accident free miles with military wheeled vehicles;

	b.  was assigned as a primary or secondary operator for one year;

	c.  performed as a driver instructor for a period of 1 year or more; and

	d.  had an OF 346 (U.S. Government Motor Vehicles Operator's Identification Card).

6.  On 28 June 1998, the applicant was discharged and enlisted in the U.S. Army Reserve Control Group (Individual Ready Reserve) effective the following day.  He had attained the rank of staff sergeant pay grade E-6 and had completed 
9 years, 3 months, and 28 days of creditable active duty service.  His characterization of service was honorable.

7.  The applicant's DD Form 214, as corrected by a DD Form 215, shows his awards and badges as:

* Army Achievement Medal (4 awards)
* Army Commendation Medal (5 awards)
* Joint Meritorious Unit Award
* Meritorious Unit Commendation
* Army Superior Unit Award
* Army Good Conduct Medal (3 awards)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (2 awards)
* Overseas Service Bar
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Expert Marksmanship Qualification Badge with Rifle and Carbine Bars
* Sharpshooter Marksmanship Qualification Badge with Pistol and Grenade Bars
* Parachutist Badge
* Air Assault Badge
* Driver and Mechanic Badge
* Australian Parachute Badge
* Korea Defense Service Medal

8.  Army Regulation 600-8-22 (Military Awards) 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.  The approval authority includes any commander in the rank of lieutenant colonel or higher.  Authorized component bars in Driver-W for wheeled vehicles; Driver-M for motorcycles; and Operator-S for special mechanical equipment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Driver and Mechanic Badge with component bars Driver-W,
Driver-M and Operator-S.
2.  Permanent orders clearly show that the applicant was awarded the Driver and Mechanic Badge with Driver-W and Driver-M component bars.

3.  The RFO provided by the applicant convincingly shows that a commander, in the rank of lieutenant colonel, had determined the applicant had met the qualifications for award of the Operator-S component bar to be affixed to his Driver and Mechanic Badge.

4.  In view of the above, the applicant's request to show award of the Driver and Mechanic Badge with Driver-W, Driver-M, and Operator-S component bars should be granted.

BOARD VOTE:

_x____  __x______  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 the Driver and Mechanic Badge; and

	b. adding to his DD Form 214: Driver and Mechanic Badge with Driver-W, Driver-M and Operator-S component bars.




__________ _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)                                         AR20130006687





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ABCMR Record of Proceedings (cont)                                         AR20130006687



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