IN THE CASE OF:  	  

		BOARD DATE:  11 February 2016	  

		DOCKET NUMBER:  AR20150007185 


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 (Certificate of Release or Discharge from Active Duty) to add the Driver and Mechanic Badge with Operator – S Bar.

2.  The applicant states, in effect, the Driver and Mechanic Badge with Operator – S Bar was omitted from his DD Form 214.  

3.  The applicant provides Permanent Orders Number 035-03, dated 4 February 2002 and Permanent Orders Number 077-01, dated 18 March 2002.

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 3 February 1999.
3.  Permanent Orders Number 077-01, issued by the 10th Transportation Battalion (Terminal), Fort Eustis, Virginia on 18 March 2002, awarded him the Driver and Mechanic Badge with Operator – S Bar.

4.  He was honorably released from active duty on 2 February 2003.  His 
DD Form 214 did not list the Driver and Mechanic Badge with Operator – S Bar.
(for special mechanical equipment).

DISCUSSION AND CONCLUSIONS:

Permanent orders awarded him the Driver and Mechanic Badge with Operator – S Bar; however, this badge was omitted from his DD Form 214.  

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 adding the Driver and Mechanic Badge with Operator – S Bar 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)                                         AR20150007185





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ABCMR Record of Proceedings (cont)                                         AR20150007185



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