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ARMY | BCMR | CY2014 | 20140019872
Original file (20140019872.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  2 July 2015

		DOCKET NUMBER:  AR20140019872 


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 to show an award for driving a truck.

2.  The applicant states:

     a.  His military occupational specialty was 13B (Cannon Crewmember).  He was stationed at Fort Bragg, NC.  He was discharged from the military in October of 1996.  He had been working in the banking industry since that time.  Unfortunately, the banking industry was not doing well.  He decided to change his career to truck driving. During his interview process he indicated that he had driven a truck during his military service.  When he provided his DD Form 214, he was informed that his DD Form 214 did not indicate that he had truck driving experience.  He did not get the job due to his lack of experience.

     b.  He drove a truck off and on for the three years that he was in the military.  He performed maintenance on trucks, packed bearings with grease, and did routine service checks.  He also drove a truck with a gun trailer attached to it.  He received an award for driving a truck during a field maneuver but he does not have a copy of the award.  He took a driver’s test in a truck.  He was in an infantry gunnery unit and everyone in his battalion drove a truck.  His unit had a 191 howitzer gun trailer to move and the only way to move it was to drive a 5 ton truck. 

3.  The applicant provides his DD Form 214 and a self-authored statement. 

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 15 October 1993.  He completed training and was awarded military occupational specialty 13B (Cannon Crewmember).

3.  An Army Achievement Medal (AAM) Certificate, with Permanent Order (PO) Number 62-40, shows he was awarded the AAM for meritorious service while assigned to a funeral detail from 2 July 1994 to 29 July 1994. 

4.  His DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations, and Campaigns) the following:

* Army Lapel Button
* Army Achievement Medal (AAM)
* National Defense Service Medal (NDSM)
* Army Service Ribbon (ASR)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 

5.  There is no evidence in the available records that show he served as a truck driver or that he received any formal training.

6.  On 14 October 1996, he was honorably released from active duty after completing 3 years of net active service this period.  His DD Form 214 shows he was awarded or authorized the following:

* Army Lapel Button
* NDSM
* AAM
* ASR
* Expert Marksmanship Qualification Badge with Rifle Bar 
7.  His record is void of documentation showing he received or was recommended for any awards pertaining to him driving a truck.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation.  The instructions stated to list all formal training courses successfully completed during the period covered in item 14.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he received an award for driving a truck during a field maneuver; however, there is no evidence and he does not provide any to substantiate his claim.

2.  His records do not show any documentation showing he attended a formal truck driving training class.

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. 



      _______ _   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)                                         AR20140019872



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20140019872



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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