BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140015506 


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 records to show award of the:

* National Defense Service Medal (NDSM)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Driver and Mechanic Badge with Driver-W Bar

2.  The applicant states, in effect, he is authorized award of the NDSM based on Executive Order 12776, dated 8 October 1991.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 10 September 1987.  He completed training and was awarded military occupational specialty 11B (Infantryman).

3.  His records show he completed the following training courses:

* Driver Training Phases I and II, 18 April 1988
* Battalion Drivers Training Academy, 18 through 29 April 1988
* Driver Training Phase II, Truck Cargo 2.5 Ton, 10 May 1988
* Battalion Drivers Training Academy, 2 through 13 May 1988

4.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded or authorized the:

* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  On 12 September 1990, the applicant was discharged with a general under honorable conditions discharge.  His DD Form 214 shows he completed 3 years and 3 days of creditable active service and award of the following:

* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  His records are void of and he failed to provide any evidence showing he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar or Driver and Mechanic Badge with Driver-W Bar.

7.  Executive Order 12776, dated 8 October 1991, extended award the NDSM to members of the Reserve Components of the Armed Forces of the United States who were in good standing during the period of the Persian Gulf crisis.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual qualified.

	c.  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.  A Soldier must meet the following eligibility requirements for drivers:

		(1)  qualify for and possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator’s Identification Card) as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing));

		(2)  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

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for award of the NDSM; therefore, his DD Form 214 should be corrected to show this award.

2.  His records are void of and he failed to provide any evidence showing he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, there is no basis to grant the requested relief.

3.  Although he may have completed several driver training courses, his records are void of and he failed to provide any evidence showing he was assigned duties and responsibilities as a driver or assistant driver and/or was awarded the Driver and Mechanic Badge with Driver-W Bar.  Therefore, there is no basis for granting the requested relief.



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 adding the NDSM to his DD Form 214.

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 award of the Expert Marksmanship Qualification Badge with Machine Gun Bar and Driver and Mechanic Badge with Driver-W Bar.



      ___________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)                                         AR20140015506



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ABCMR Record of Proceedings (cont)                                         AR20140015506



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