IN THE CASE OF:  	  

		BOARD DATE:  13 October 2015	  

		DOCKET NUMBER:  AR20150002920 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Driver and Mechanic Badge with Driver-W Bar.

2.  The applicant states:

* the badge does not appear on his DD Form 214 and should be listed as he rightfully earned it through training and his performance of duty
* his military occupational specialty (MOS) was driving, both in combat and in the United States
* this is extremely important to him to have corrected
* this is a probable distribution error related to his DA Form 348 (Equipment Operator's Qualification Record) not being on file with the National Personnel Records Center (NPRC)
* he held a U.S. Government motor vehicle operator's license from November 1969 to June 1973

3.  The applicant provides:

* DD Form 214
* letter from NPRC, dated 29 January 2010
* two DA Forms 348
* four Standard Forms 46 (U.S. Government Motor Vehicle Operator's Identification Card)
* certificate of training
* DA Form 3725 (Reclassification of Primary Military Occupational Specialty (PMOS))

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 was inducted into the Army of the United States on 11 September 1969.  He completed his training and was awarded MOS 64A (light vehicle driver).

3.  He provided:

	a.  a DA Form 348 which shows he completed the light vehicle driver course and he qualified to operate various U.S. Government motor vehicles/trucks on 28 November 1969.  There is no accident or traffic violation recorded on this form; and

	b.  two U.S. Government Motor Vehicle Operator's Identification Cards issued on 28 November 1969 and 22 January 1970.

4.  His records contain a letter of appreciation, dated 3 April 1970, for his superior performance of duty as the field officer of the day's driver during the period January 1970 to April 1970 and his good safety record.

5.  He also provided:

	a.  a DA Form 348 which shows he was qualified to operate two U.S. Government trucks on 25 June 1970.  There is no accident or traffic violation recorded on this form; and

	b.  two U.S. Government Motor Vehicle Operator's Identification Cards issued on 25 June 1970.

6.  He served in MOS 64A during his assignment in Vietnam from 31 May 1970 to 26 April 1971.

7.  On 27 April 1971, he was honorably released from active duty.

8.  His DD Form 214 does not show the Driver and Mechanic Badge with 
Driver-W Bar as an authorized award.

9.  There are no orders for the Driver and Mechanic Badge with Driver-W Bar in the applicant's available records.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Driver and Mechanic Badge.

	a.  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)

	b.  The eligibility requirements for drivers require that a Soldier must:

		(1)  qualify for and possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator's Identification Card) (formerly Standard Form 46), issued as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program); and

		(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); or

		(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 contends he rightfully earned the Driver and Mechanic Badge with Driver-W Bar through training and performance of duty and it should be recorded on his DD Form 214.

2.  He met the criteria for award of the Driver and Mechanic Badge with Driver-W Bar since he qualified for and possessed an U.S. Government Motor Vehicle Operator's Identification Card and he was assigned duties as a driver of government vehicles for a minimum of 12 consecutive months with no recorded government motor vehicle accident or traffic violation.  He should be awarded the Driver and Mechanic Badge with Driver-W Bar and his DD Form 214 should be corrected to show this badge.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Driver and Mechanic Badge with Driver-W Bar and adding this badge 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)                                         AR20150002920



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ABCMR Record of Proceedings (cont)                                         AR20150002920



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