BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160014324 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160014324 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 adding award of the Motor Vehicle Driver and Mechanic Qualification Badge with Driver-W Bar to his WD AGO Form 53-55. ______________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. BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160014324 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, the son of a deceased former service member (FSM), requests: a. correction of his late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to reflect award of his Driver's Qualification Badge (properly known as the Motor Vehicle Driver and Mechanic Qualification Badge) with any accompanying bar(s) and b. reissuance of his late father's rifle qualification badge. 2. The applicant states his late father did not receive the Driver's Qualification Badge. 3. The applicant provides: * 1298th Engineer Combat Battalion newsletter, The Bull Dozer, Number 3, dated 23 May 1945 * Headquarters, 1298th Engineer Combat Battalion, General Orders Number 2, dated 25 May 1945 * Orders Number 94 extract, without the organizational name or title, announcing M1 rifle qualifications for 6 December 1944, undated * FSM's Motor Vehicle Operator's Permit, dated 5 November 1945 * FSM's War Department Form 372 A (Final Payment – Work Sheet), dated 2 January 1946 * FSM's WD AGO Form 53-55 for the period ending 13 January 1946 * FSM's Honorable Discharge Certificate, dated 13 January 1946 * War Department Form 372 A (Final Payment – Work Sheet), dated 13 January 1946 * archival record cover sheet * Office of the Surgeon General, Department of the Army, admission card information from 1944, dated 5 August 1994 * U.S. Army Surgeon General Office hospitalization file listing from 1944, rendered from microfiche number 61, page 42 * War Department, Adjutant General Office computer card images * applicant's Birth Certificate, dated 22 August 1964 * FSM's Certificate of Death, dated 1 February 1977 * two self-authored statements, dated 6 November 1994 and undated * two Standard Forms 180 (Request Pertaining to Military Records), dated 8 July 1994 and 6 November 1994 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 FSM's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the FSM's records were lost or destroyed in that fire. However, the applicant provided sufficient documents from the FSM's records to conduct a fair and impartial review of this case. 3. The applicant requests reissuance of his late father's rifle qualification badge. Item 31 (Military Qualification and Date) of the FSM's WD AGO Form 53-55 shows he qualified as Expert with the M-1 rifle. Replacement medals and badges are not issued by the ABCMR. However, the applicant may obtain this badge by submitting his request in writing to: National Personnel Records Center, 1 Archives Drive, St. Louis, MO  63138. Therefore, this issue will not be further addressed in this Record of Proceedings. 4. The FSM was inducted into the Army of the United States on 15 September 1941. 5. Headquarters, 1298th Engineer Combat Battalion, General Orders Number 2, dated 25 May 1945, awarded the FSM the Driver's Qualification Badge. 6. The FSM's Motor Vehicle Operator's Permit, dated 5 November 1945, shows he demonstrated proficiency in driving the following types of vehicles: * passenger car * 1/4 to 3/4-ton cargo trucks * 1 1/2 to 2 1/2-ton cargo trucks 7. The FSM was honorably discharged on 13 January 1946. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show award of the Driver's Qualification Badge. REFERENCES: 1. Army Regulation 615-360-1 (Enlisted Personnel – Separation of Enlisted Personnel), in effect at the time, established procedures for separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. The instructions for item 33 stated to enter decorations or citations received during period covered by the WD AGO Form 53-55. 2. War Department Circular Number 248, dated 28 July 1942, provided that each qualified vehicle driver and mechanic in an organization or detachment, who was regularly assigned to duty in the capacity of driver, assistant driver, or automotive mechanic, would be awarded a badge with an appropriate bar indicating the specific individual qualifications as follows: * Driver-W for wheeled vehicles * Driver-T for track and half-track vehicles * Driver-M for motorcycle * Mechanic for automotive or allied trade mechanic DISCUSSION: 1. The applicant requests correction of his late father's WD AGO Form 53-55 to show award of the Driver's Qualification Badge. 2. Headquarters, 1298th Engineer Combat Battalion, awarded the FSM the Driver's Qualification Badge on 25 May 1945. His Motor Vehicle Operator's Permit shows he demonstrated proficiency in driving passenger cars and cargo trucks (wheeled vehicles). His WD AGO Form 53-55 does not show award of the Driver's Qualification Badge with Driver-W Bar. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014324 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014324 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2