BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140000412
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 award of the Army Commendation Medal (ARCOM) and Driver and Mechanic Badge with Driver-W and Mechanic Bars.
2. The applicant states these awards were earned during periods of honorable service and his DD Form 214 should reflect this.
3. The applicant provides:
* DD Form 214
* orders for award of the ARCOM, "Driver-Wheel Badge," and "Mechanic Badge"
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 enlisted in the Regular Army on 7 November 1985 and he served as a track vehicle repairer.
3. Headquarters, 701st Support Battalion, Orders 17-01, dated 23 July 1990, awarded him the "Driver-Wheel Badge," correctly known as the Driver and Mechanic Badge with Driver-W Bar.
4. Headquarters, 701st Support Battalion, Orders 17-02, dated 23 July 1990, awarded him the "Mechanic Badge," correctly known as the Driver and Mechanic Badge with Mechanic Bar.
5. Headquarters, U.S. Army-Kuwait, Permanent Order Number 121-21, dated 15 May 1992, awarded him the ARCOM for meritorious service for the period
14 January 1992 to 16 May 1992.
6. He was honorably released from active duty on 24 July 1992.
7. His DD Form 214 does not show the ARCOM or the Driver and Mechanic Badge with Driver-W and Mechanic Bars as authorized awards.
DISCUSSION AND CONCLUSIONS:
Orders awarded the applicant the ARCOM, and the Driver and Mechanic Badge with Driver-W and Mechanic Bars. Therefore, his DD Form 214 should be corrected to show these awards.
BOARD VOTE:
___X_____ __X______ _X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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
adding to his DD Form 214 the ARCOM and Driver and Mechanic Badge with Driver-W and Mechanic 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) AR20140000412
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ABCMR Record of Proceedings (cont) AR20140000412
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