IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150000477
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 that he be awarded the Driver and Mechanic Badge and that it be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty)
2. The applicant states he drove over 1,000 miles in Iraq while serving with the 25th Transportation Company. He never received a Driver and Mechanic Badge.
3. The applicant provides no additional documentation.
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. After having prior enlisted service in the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army on 30 November 2003. He served in military occupational specialty 63J (Quartermaster and Chemical Equipment Repairer).
3. On 20 December 2007, he was honorably released from active duty and transferred to the USAR (Reinforcement).
4. His DD Form 214 shows he was authorized the following:
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service (2)
5. There are no orders in his records showing he was awarded the Driver and Mechanic Badge. The badge is not listed as an authorized award on his DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Driver and Mechanic Badge. To receive this badge, the individual must qualify for and possess a U.S. Government Motor Vehicles Operators Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8,000 miles, have no Army motor vehicle accident or traffic violation recorded on the Equipment Operators Qualification Record, and must perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.
Permanent award of badges will be announced in permanent orders by commanders authorized to make the award or permanent orders of Headquarters, Department of the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Driver and Mechanic Badge.
2. The available records do not show that he met the criteria for award of the Driver and Mechanic Badge. The badge is not awarded simply because a Soldier drives/maintains a vehicle; it is awarded to recognize the attainment of a high degree of skill in the operation and maintenance of motor vehicles. The permanent award of the Driver and Mechanic Badge must be announced in permanent orders by commanders authorized to make the award or permanent orders of Headquarters, Department of the Army.
4. In view of the foregoing, there is no basis for granting his request.
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 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) AR20150000477
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