IN THE CASE OF:	  

		BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140003507 


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 he was awarded the Army Commendation Medal (ARCOM) and Driver and Mechanic Badge.

2.  The applicant states:

* he was issued an ARCOM from his unit, but it is not shown on his DD Form 214
* his DD Form 214 should be updated to show he was awarded the Driver and Mechanic Badge
* he was given the badge in Iraq for driving so many miles

3.  The applicant provides a copy of his DD Form 214.

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 3 November 2006 for a period of 3 years and 19 weeks.  He served as an armor crewman in Iraq from 5 October 2008 to 5 October 2009.  

3.  He was honorably released from active duty on 15 March 2010.  His DD Form 214 does not show the ARCOM or Driver and Mechanic Badge as authorized awards.

4.  There are no orders for the ARCOM or Driver and Mechanic Badge in the available records.

5.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

6.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge.  Component bars are authorized 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)

7.  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 346 (U.S. Government Motor Vehicles Operator's Identification Card) issued as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing));

	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 (Equipment Operator's Qualification Record (Except Aircraft)); and

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

8.  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 operator's 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.

9.  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.  Although the applicant contends he was issued the ARCOM, there are no orders in his records and he provided no substantiating orders.  Therefore, there is insufficient evidence with which to correct his DD Form 214 to add this award.  

2.  He contends he was issued the Driver and Mechanic Badge in Iraq for driving so many miles; however, there are no orders for this badge in the available records and there is no evidence that shows he met all the requirements for the Driver and Mechanic Badge.  Therefore, there is insufficient evidence with which to base adding award of the Driver and Mechanic Badge to his DD Form 214.


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 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)                                         AR20140003507



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ABCMR Record of Proceedings (cont)                                         AR20140003507



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