IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20150004156
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 the removal of orders awarding him the Driver's Badge with Wheeled Vehicle (W) Bar from his official military personnel file (OMPF).
2. The applicant states the Driver's Badge with W Bar he was awarded was not authorized in accordance with Army Regulation 600-8-22 (Military Awards). The regulation states commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel (LTC) or higher may approve award of the Driver and Mechanic Badge. The order for this award in his OMPF were signed by a captain (CPT) and therefore do not meet the regulatory requirement for approval.
3. The applicant provides orders and two pages of Army Regulation 600-8-22.
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 is currently serving on active duty in the Regular Army (RA) in the rank/grade of chief warrant officer two (CW2)/W-2.
3. He initially enlisted in the RA on 15 April 2003 and he held military occupational specialty 92A (Automated Logistical Specialist). He served in Kuwait from 26 June 2006 to 25 June 2007 while assigned to Headquarters and Headquarters Company (HHC), 24th Transportation Battalion.
4. His record contains Permanent Orders (PO) 226-01, dated 14 August 2006, issued by HHC, 24th Transportation Battalion, Kuwait, awarding him the Driver's Badge with W Bar for the period 29 July 2005 to 28 July 2006 for driving accident free for a period of 12 months or 8,000 miles.
5. He was honorably discharged from active duty on 22 June 2009 for the purpose of accepting a commission or warrant in the Army.
6. Army Regulation 600-8-22 (Military Awards) states 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. Commanders of brigades, regiments, separate battalions, and any commander in the rank of LTC or higher may approve award of the Driver and Mechanic Badge (emphasis added).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the PO awarding him the Driver's Badge with W Bar should be removed from his OMPF as the orders were signed by a CPT and not the proper authorizing authority.
2. The evidence of record confirms his OMPF contains PO 226-01 awarding him the Driver's Badge with W Bar and the orders were signed by a company commander holding the rank of CPT. The governing regulation states only commanders of brigades, regiments, separate battalions, and any commander in the rank of LTC or higher may approve award of the Driver and Mechanic Badge.
3. In view of the foregoing, it would be appropriate to revoke PO 226-01, dated 14 August 2006, awarding him the Driver's Badge with W Bar.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
* publishing orders revoking PO 226-01, dated 14 August 2006, awarding
the applicant the Driver and Mechanic Badge with W Bar
* removing PO 226-01 from his OMPF
* insuring the revocation orders and the copy of PO 226-01 he submitted
with his application are not filed in his OMPF
_______ _ ___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) AR20150004156
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150004156
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004510
The applicant requests, in effect, that an Army Commendation Medal (ARCOM) Certificate, dated 20 July 2012, and Permanent Orders (PO) 277-10, dated 3 October 2012, be removed from his Army Military Human Resource Record (AMHRR). His AMHRR contains the contested ARCOM Certificate, which shows he received the award for the period 19 August 2009 through 27 July 2012 while he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 502nd Infantry Regiment, 2nd Brigade Combat...
ARMY | BCMR | CY2015 | 20150003173
This unit was awarded this unit award. His Enlisted Record Brief (ERB) lists, in addition to those awards listed on his DD Form 214, the following awards: * Meritorious Unit Commendation * Army Commendation Medal * Army Achievement Medal (3) * Driver/Mechanic Badge with Driver-?W? GO awarded the applicant's unit in Iraq the Meritorious Unit Commendation which is not shown on his DD Form 214.
ARMY | BCMR | CY2013 | 20130012490
Item 12a (Date Entered Active Duty This Period) he entered active duty on 10 June 2000 instead of 15 August 2000; c. Item 12c (Net Active Service This Period) he completed 11 months of active duty instead of 8 months and 27 days of active duty; d. Item 12h (Effective Date of Pay Grade) his date of rank to CPT as 10 April 2000 instead of 30 July 1996; and e. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) award of the: (1)...
ARMY | BCMR | CY2008 | 20080014269
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part for award of the Driver and Mechanic Badge. Therefore, the applicant is entitled to correction of his records to show 2 years, 4 months, and 10 days in Item 12f of his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the Army Commendation Medal (3rd Award) and Army Achievement Medal (2nd Award) in item 13; 2 years, 4...
ARMY | BCMR | CY2013 | 20130008686
The applicant requests correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded an additional Army Commendation Medal (ARCOM) and two additional Army Achievement Medals (AAM's). 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...
ARMY | BCMR | CY2015 | 20150004532
Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The applicant contends his request for removal of the AGCM disqualification documents that are filed in his OMPF should be reconsidered because he was not notified of or given the opportunity to respond to the commander's proposed disqualification action and he subsequently received the AGCM for the cited period of service. The evidence of record...
ARMY | BCMR | CY2012 | 20120011811
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Commendation Medal * Army Achievement Medal (2nd Award) * Driver and Mechanic Badge with Driver-W Bar 2. His records do not contain orders for a second award of the Army Achievement Medal or the Driver and Mechanic Badge with Driver-W Bar. In the absence of orders, there is insufficient evidence to correct his records to show the Army Achievement Medal...
ARMY | BCMR | CY2008 | 20080009913
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB). On 3 October 2007, he was released from active duty upon completion of his required active service and returned to his unit in the CAARNG.
ARMY | BCMR | CY2007 | 20070018809
The applicant requests, in effect, correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Driver and Mechanic Badge with Driver-W Bar and the Army Reserve Components Achievement Medal. The applicant provides copies of her DD Form 214, award orders [Driver and Mechanic Badge], and supporting documentation for award of the Army Reserve Components Achievement Medal. The available evidence clearly shows that the applicants company commander...
ARMY | BCMR | CY2013 | 20130013589
The applicant requests correction of his records to: a. show his military occupational specialty (MOS) includes the additional skill identifier (ASI) B9; b. show his awards include the Army Commendation Medal (2nd award), Army Achievement Medal (2nd award), and the Driver and Mechanics Badge with Track and Wheel Bars; c. show his dates of service in Iraq from 29 November 2005 through 15 November 2006; d. include a period of Sea Service of 26 March 2004 through 6 May 2005; and e. that the...