BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20140016116 


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 Achievement Medal (AAM)
* Driver and Mechanic Badge with Driver-T Bar
* Sapper Tab

2.  The applicant states his DD Form 214 does not show these awards.

3.  The applicant provides no additional evidence.

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 request for award of the Sapper Tab was noted.  Army Regulation  600-8-22 (Military Awards) states the Sapper Tab was established on 28 June 2004.  The basic eligibility criteria are successful completion of all graduation requirements and a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School.  The Sapper Tab may be awarded retroactively to any person who successfully completed all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985.  Retroactive requests will be submitted to the Commandant, U.S. Army Engineer School, Commander, 577th Engineer Battalion, Fort Leonard Wood, MO  65473.  Retroactive requests for veterans and retirees must be forwarded as follows:

	a.  Personnel released from active duty with a Reserve obligation; Reserve Component personnel; and Army personnel separated after October 2002 by discharge, resignation, or death; retired officer and enlisted personnel submit requests to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-CC-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.

	b.  Personnel separated after 1912 and prior to October 2002 by discharge, resignation, or death, retired officers and enlisted personnel submit requests to the National Personnel Records Center, Military Personnel Records, 1 Archives Drive, St. Louis, MO  63132.

3.  Since it appears the applicant has not exhausted all administrative remedies available to him regarding his request for award of the Sapper Tab, this portion of his request will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 3 January 1985, trained as a combat engineer, and he was honorably released from active duty on 25 November 1991.

5.  His DD Form 214 does not show the AAM or Driver and Mechanic Badge with Driver-T Bar as authorized awards.

6.  There are no orders for the AAM or Driver and Mechanic Badge with Driver-T Bar in the available records.

7.  There is no evidence of record showing he met the qualification criteria for award of the Driver and Mechanic Badge with Driver-T Bar.

8.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not show award of the AAM or Driver and Mechanic Badge with Driver-T Bar.

9.  Army Regulation 600-8-22 states the AAM is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 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 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);

	b.  be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or driving 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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the AAM in the available records.  Therefore, there is an insufficient evidentiary basis for granting the applicant's request to add award of the AAM to his DD Form 214.

2.  Since there is no evidence of record showing he met the requirements for the Driver and Mechanic Badge with Driver-T Bar, there is insufficient evidence on which to base adding this 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)                                         AR20140016116



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ABCMR Record of Proceedings (cont)                                         AR20140016116



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