IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150005682 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 award of the Driver and Mechanic Badge with Drive-W (Wheeled Vehicle) Bar. 2. The applicant states in May 2009 he was assigned as a driver for his unit. He completed drivers training as well as multiple vehicle courses. He was a driver throughout a deployment in 2009. After returning they were told the paperwork for all those who qualified for the award of the Driver and Mechanic Badge with Drive-W (Wheeled Vehicle) Bar was submitted. However, S1 continually stated they had no such paperwork. Upon discharge he was told his DD Form 214 (Certificate of Release or Discharge from Active Duty) could not have it added as there was still no paperwork available. 3. The applicant provides: * Enlisted Record Brief (ERB) * Certificate for the successful completion of the M1117 Armored Security Vehicle Operators Training Course * Certificate for the successful completion of MRAP Driver Training * DA Form 638 (Recommendation for Award) and certificate for award of the Army Commendation Medal with "V" Device * DA Form 638 and certificate for award of the Army Commendation Medal * All Army Activities Message 215-2005, dated 25 October 2005 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. On 24 July 2007, he enlisted in the Regular Army for 3 years and 17 weeks. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman). 3. On 20 May 2008, he was assigned to the 2nd Battalion, 87th Infantry. 4. He provided a Certificate of Training that certifies he successfully completed the M1117 Armored Security Vehicle Operator's Training Course from 17 - 26 November 2008 (80 hours). 5. He provided a Certificate of Completion that certifies he successfully completed MRAP (Mine-Resistant Ambush Protected) Driver Training on 3 December 2008. 6. He was deployed to Afghanistan from 1 January 2009 - 29 December 2009. 7. On 23 March 2010, he was awarded the Army Commendation Medal with "V" Device for valorous and meritorious acts against the enemy on 15 May 2009. 8. On 25 October 2010, he was awarded the Army Commendation Medal for exceptionally meritorious service while serving as a rifleman, gunner, and driver while serving with the 2nd Battalion, 87th Infantry from 20 May 2008 - 19 November 2010. 9. His ERB does not show he was awarded the Driver and Mechanic Badge with Drive-W Bar. 10. On 19 November 2010, he was released from active duty. His DD Form 214 does not show he was awarded the Driver and Mechanic Badge with Drive-W Bar. 11. The applicant's official military personnel file (OMPF) does not contain an OF 346 (U.S. Government Motor Vehicles Operator's Identification Card) or a DA Form 348–1–R (Equipment Operator’s Qualification Record (Except Aircraft). 12. 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. 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) b. The eligibility requirements for drivers require that a Soldier must: (1) Qualify for and possess a current OF 346 issued as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program Selection, Training, Testing, and Licensing) 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, 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. There is no evidence the applicant qualified for and possessed an OF 346. There is no DA Form 348-1-R in his OMPF. 2. His award of the Army Commendation Medal for exceptionally meritorious service while serving as a rifleman, gunner, and driver covers a period of 2 years and 6 months. However, it does not show he was assigned duties and responsibilities as a driver for 12 consecutive months. 3. There is no evidence he was assigned duties and responsibilities as a driver or assistant driver of a government vehicle for a minimum of 12 months, or during at least 8,000 miles, with no government motor vehicle accident or traffic violation. 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) AR20150005682 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005682 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1