I BOARD DATE: 11 December 2018 DOCKET NUMBER: AR20170000239 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 December 2018 DOCKET NUMBER: AR20170000239 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 December 2018 DOCKET NUMBER: AR20170000239 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests, in effect, the addition of the following already-awarded awards to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Combat Action Badge * Expert Marksmanship Qualification Badge with Rifle Bar * Driver and Mechanic Badge 2. The applicant states the above-cited awards are missing from his DD Form 214 for the period ending 14 April 2011. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * Enlisted Record Brief (ERB), dated April 2011 * DD Form 214, ending 14 April 2011 2. Evidence from the applicant’s service record, and Department of the Army (DA) and Department of Defense (DOD) records and systems: * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 12 June 2007 * Separation Orders, dated April 2011 REFERENCES: 1. Title 10 (Armed Forces), U.S. Code, section 1552(b) (Correction of Military Records: Claims Incident Thereto), 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. 2. Army Regulation (AR) 600-8-22 (Military Awards) prescribes policies and procedures of military awards and decorations. a. Military orders and certificates serve as the permanent record of awards and decorations. Except for basic marksmanship qualification badges, the permanent award of badges are announced on permanent orders. There are no statutory or regulatory time limits with respect to the award of badges. For Army Veterans, the approval authority for the retroactive award of badges is the National Personnel Records Center (NPRC), Army Reference Branch, 1 Archives Drive, St. Louis, MO 63138-1002. b. The Combat Action Badge is branch and military occupational specialty (MOS) immaterial; it has been authorized from the effective date, 18 September 2001, to a date to be determined. This badge is not intended to be an award for all Soldiers who serve in a combat zone or imminent danger area. The recipient must have been: * performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized * personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement * ineligible for the Combat Infantryman Badge or the Combat Medical Badge c. Basic marksmanship qualification badges are awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. Appropriate bars are furnished to denote each weapon with which the individual has qualified. Badge approval may be announced via memorandum, letter, roster, or other locally-devised form. d. Driver and Mechanic Badge: (1) 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) (2) The eligibility requirements for drivers require the recipient to: * qualify for and possess a properly issued/current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator’s Identification Card) * be assigned duties as a driver or assistant driver of government vehicles for at least 12 consecutive months or 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 * satisfactorily perform duties for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner. (3) A commander authorized to award the Driver and Mechanic Badge can revoke it based on the following: * when the badge recipient has received a moving traffic violation in which life or property were endangered, or was involved in an accident with property damage or personal injury * a vehicle for which the recipient is responsible is damaged due to a lack of preventive maintenance * an unsatisfactory rating as a driver * careless or inefficient performance of duty by the awardee resulting in damage to a vehicle or shop equipment * an awardee's unsatisfactory shop performance 3. Department of the Army Pamphlet 350-38 (Standards in Training Commission), in effect at the time, provided commanders with the training strategies for individual, crew, and collective weapons training. The pamphlet was structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements called for annual (or sooner) qualification with individual weapons. This meant, in effect, the most recent qualification score for a particular weapon denoted the degree of marksmanship badge the Soldier was eligible to wear. 4. AR 635-8 (Separation Processing and Documents) prescribes policies and procedures for separation documents, to include the DD Form 214. Regarding item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), all Federally-recognized awards and decorations for every period of the Soldier's service are to be reflected. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence (i.e. the weight of the evidence presented is greater than 50-50; by contrast, criminal cases require a higher level of proof that is beyond a reasonable doubt, often interpreted to mean a more than a 95 to 99 percent chance of being correct). DISCUSSION: 1. While 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 21 June 2007; he held MOS 13R (Firefinder Radar Operator). 3. He was deployed to Iraq from 10 June 2008 to 5 August 2009. While deployed he was awarded an Army Achievement Medal and an Army Commendation Medal. 4. The applicant's official military personnel file (OMPF) includes an ERB, dated in April 2011. This form does not show the award of the Combat Action Badge or Driver and Mechanic Badge. In addition, his OMPF is void of any orders or other documentary evidence showing the award of the Combat Action Badge, Driver and Mechanic Badge, and/or marksmanship qualification badges. 5. He was discharged under honorable conditions (general) on 14 April 2011. His DD Form 214 shows he was awarded or authorized the following: * Iraq Campaign Medal with two bronze service stars * Army Commendation Medal * Army Achievement Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon 6. The applicant's OMPF is void of any documentary evidence showing his requested awards and he has offered no proof to support his claims. There is no statutory or regulatory time limit for the award of badges; Veterans should provide substantiating evidence for each badge requested to NPRC. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000239 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2