IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140010581
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:
* a third award of the Army Commendation Medal (ARCOM)
* award of the Driver and Mechanic Badge with Driver-W Bar instead of the First Class Diver Badge
2. The applicant states:
* he received his third award of the ARCOM at the very end of his period of active duty
* the First Class Diver Badge entry was a typographical error
3. The applicant provides:
* DD Form 214
* orders for the ARCOM and Driver and Mechanic Badge with Driver-W Bar
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 24 July 2003 and trained as a signal support systems specialist. He served in Iraq from 1 October 2005 to 21 September 2006.
3. His records contain Headquarters, 2nd Brigade, Permanent Orders Number 078-020, dated 19 March 2006, which show he was awarded the ARCOM for outstanding service for the period 1 October 2005 to 1 September 2006.
4. He provided 2d Battalion, 101st Brigade Troops Battalion, Permanent Orders Number 228-019, dated 17 August 2006, awarding him the Driver and Mechanic Badge with Driver-W Bar.
5. He served in Iraq from 19 October 2007 to 21 November 2008.
6. He also provided Headquarters, 2nd Brigade Combat Team, Permanent Orders Number 298-002, dated 24 October 2008, which show he was awarded the ARCOM for exemplary service during the period 24 July 2003 to 24 April 2009.
7. On 24 February 2009, he was released from active duty.
8. His DD Form 214 shows he was awarded or authorized the:
* ARCOM (2nd Award)
* Army Achievement Medal
* Meritorious Unit Commendation
* Army Good Conduct Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Iraq Campaign Medal with two bronze service stars
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* First Class Diver Badge
9. There are no orders for the First Class Diver Badge or a third award of the ARCOM in the applicant's records.
10. 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.
11. Army Regulation 600-8-22 states there are five types of Diver Badges:
* Master Diver Badge
* First Class Diver Badge
* Salvage Diver Badge
* Second Class Diver Badge
* Scuba Diver Badge (the Scuba Diver Badge has been renamed Special Operations Diver Badge)
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends he was awarded three ARCOMs, the evidence of record shows orders authorization for only ARCOMs which is properly shown on his DD Form 214. Therefore, there is insufficient evidence on which to base adding a third award of the ARCOM to his DD Form 214.
2. He contends the First Class Diver Badge entry on his DD Form 214 was a typographical error. Since there are no orders for the First Class Diver Badge in the available records and orders show he was awarded the Driver and Mechanic Badge with Driver-W Bar, it would be appropriate to delete award of the First Class Diver Badge from his DD Form 214 and replace it with the Driver and Mechanic Badge with Driver-W Bar.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting award of the First-Class Diver Badge from his DD Form 214 and replacing it with the Driver and Mechanic Badge with Driver-W Bar.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding a third award of the ARCOM to his DD Form 214.
_______ _ _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) AR20140010581
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140010581
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130001313
Additionally, he requests consideration of the following three new issues by correcting his DD Form 214 to show: a. two awards of the Army Commendation Medal (ARCOM); b. award of the Divers Badge; and c. he served in Iraq and Kosovo. The applicant states his DD Form 214 does not show the awards and overseas service listed in the previous paragraph. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing in Item 12f...
ARMY | BCMR | CY2009 | 20090015866
The applicant requests that his records be corrected to reflect awards of the Army Commendation Medal (ARCOM), the Army Achievement Medal (AAM), the Combat Action Badge (CAB), the Driver's Badge with wheel and track bars, and the Mechanic's Badge. After carefully examining the applicant's record of service, it appears that the applicant should have received the AGCM for his service from 31 October 2001 through 30 October 2004. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2014 | 20140010483
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his complete record of service, including the period of his honorable service and all of his authorized awards. The applicant provides copies of his * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 29 March 2005 (page 1) * two DA Forms 638 (Recommendations for Award), dated 28 August 2004 and 31 May 2005 * three permanent...
ARMY | BCMR | CY2008 | 20080014882
IN THE CASE OF: BOARD DATE: 11 December 2008 DOCKET NUMBER: AR20080014882 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's ERB, dated 1 November 2004, shows she was awarded two ARCOMs, three AAMs, two Army Good Conduct Medals, the National Defense Service Medal, the Kosovo Campaign Medal, the NPDR, the Army Service Ribbon, the NATO Medal, the GWOTSM, the GWOTEM, and the Driver/Mechanic Badge. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100008253
The applicant requests, in effect, correction of his records to show his Driver and Mechanic Badge with Driver-W Bar, Army Commendation Medal (ARCOM) for Operation Iraqi Freedom, the Combat Lifesaver Course, Javelin Course, Infantry Training, and his period of foreign service. Therefore, since the applicant has provided his Combat Lifesaver Course completion certificate, it is appropriate to include the course in item 14 of his DD Form 214. As a result, the Board recommends that all...
ARMY | BCMR | CY2013 | 20130008686
The applicant requests correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded an additional Army Commendation Medal (ARCOM) and two additional Army Achievement Medals (AAM's). 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...
ARMY | BCMR | CY2009 | 20090020437
The applicant requests three awards of the Army Achievement Medal (AAM), the Global War on Terrorism Service Medal (GWOTSM), and the Combat Lifesaver Certification Course be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant states that all of his awards and military training were not included on his DD Form 214. Accordingly, based on his Iraqi service and his request for the GWOTEM, it would be appropriate to correct item 13 of DD Form 214 to...
ARMY | BCMR | CY2013 | 20130003547
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the Combat Action Badge (CAB) and two awards of the Army Commendation Medal (ARCOM) * his overseas service 2. Based on his second tour of duty in Iraq he is authorized the Overseas Service Ribbon and correction of his DD Form 214 to show this award.
ARMY | BCMR | CY2007 | 20070018809
The applicant requests, in effect, correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Driver and Mechanic Badge with Driver-W Bar and the Army Reserve Components Achievement Medal. The applicant provides copies of her DD Form 214, award orders [Driver and Mechanic Badge], and supporting documentation for award of the Army Reserve Components Achievement Medal. The available evidence clearly shows that the applicants company commander...
ARMY | BCMR | CY2010 | 20100007116
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his awards of the Army Commendation Medal (3rd award), Army Good Conduct Medal (2nd award), Iraq Campaign Medal with two bronze service stars, and the Korea Defense Service Medal. Therefore, it would be appropriate to award the applicant the third award of the Army Good Conduct Medal for the period 3 March 2000 through 2 March 2003 and correct his DD Form 214 to show this...