IN THE CASE OF:	   

		BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140000632 


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 award of the Driver and Mechanic Badge with Driver-W, Driver-T, Mechanic, and Operator-S Bars.

2.  The applicant states, in effect:

* he believes he qualified for the above awards based on his record of service
* he does not know why the awards were not authorized; he wants the Army to make that determination
* he does not know that he qualified for the awards
* he does not wish to receive any award that was not duly earned

3.  The applicant provides:

* DD Form 313 (U.S. Government Operator's Permit)
* Letter from the Awards and Decorations Branch, U.S. Army Human Resources Command (HRC), dated 10 December 2013
* DD Form 214 (Report of Separation from the Armed Forces of the United States) 

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 complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he was inducted into the Army of the United States on 2 November 1953 and he trained as a truck vehicle mechanic.

4.  He provides a DD Form 313, issued on 5 August 1955, which shows he was qualified to operate:

* 1/4 ton truck
* 3/4 ton truck
* 2 and 1/2 ton truck
* VTR (vehicle, tracked, recovery)
* Carriage Motor
* Vehicle armored infantry (M-75 and M-59)

5.  The accident or traffic violation record section of this form is blank.

6.  He was honorably released from active duty on 1 November 1955.    

7.  His DD Form 214 shows he was awarded the National Defense Service Medal.
 
8.  There is no evidence of record which shows he met the qualification criteria for award of the Driver and Mechanic Badge with the requested Bars.

9.  He provides a letter, dated 10 December 2013, from the Awards and Decorations Branch, HRC, which states that office was unable to verify his entitlement to the Driver and Mechanic Badge with the requested Bars without a copy of his DA Form 348-1-R (Equipment Operator's Qualification Record (Except Aircraft)) or equivalent to verify his entitlement to the Driver Bars, documentary evidence that he passed the aptitude test and completed the mechanic course with a "skilled" rating to verify his entitlement to the Mechanic Bar, and documentary evidence that he operated special mechanical equipment for a minimum of 12 months and 500 hours of operation without an accident for the Operator-S Bar.  

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Driver and Mechanic Badge.  Component bars are authorized only for the following types of vehicles and/or qualifications:  

* Driver-W (for wheeled vehicles) 
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)

11.  Army Regulation 600-8-22 states the eligibility requirements for drivers require that a Soldier must:

	a.  qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55;

	b.  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 recorded on his or her DA Form 348-1-R; and

	c.  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

12.  Army Regulation 600-8-22 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 is 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 accident or traffic violation recorded on his or her DA Form 348 (Equipment Operator’s Qualification Record (Except Aircraft)).

13.  Army Regulation 600-8-22 states the eligibility requirements for operators of special mechanical equipment require that a Soldier whose primary duty involves operation of Army materials handling or other mechanical equipment must have completed 12 consecutive months or 500 hours of operation, whichever comes later, without accident or written reprimand as the result of his or her operation, and his or her operating performance must have been adequate in all respects.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Driver and Mechanic Badge with Driver-W, Driver-T, Mechanic, and Operator-S Bars.

2.  Notwithstanding the DD Form 313 he provided, there is no evidence of record which shows he met the requirements for the Driver and Mechanic Badge with requested Bars.  

3.  The available records do not contain a DA Form 348-1-R or equivalent to verify his entitlement to the Driver Bars, documentary evidence that he passed the aptitude test and completed the mechanic course with a "skilled" rating to verify his entitlement to the Mechanic Bar, or documentary evidence that he operated special mechanical equipment for a minimum of 12 months and 
500 hours of operation without accident for the Operator-S Bar.  

4.  Based on the foregoing, there is insufficient evidence on which to base award of the Driver and Mechanic Badge with requested Bars.

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)                                         AR20140000632



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ABCMR Record of Proceedings (cont)                                         AR20140000632



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