BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20170000683 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION x 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20170000683 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. _______________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: 8 August 2018 DOCKET NUMBER: AR20170000683 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 and issuance of the Driver Badge [correctly known as the Driver and Mechanic Badge with Wheeled Vehicle Bar]. 2. The applicant states he is requesting a review of his records so that he may be awarded the Driver and Mechanic Badge with Wheeled Vehicle Bar. He was assigned a Humvee while deployed to Iraq from 8 November 2004 to 1 February 2006. He accumulated well over 8,000 miles required to earn the badge. The badge was listed on his DA Form 5984-E (U.S. Army Motor Vehicle Operator's Identification), but never on his DD Form 214. At the time he was unaware of the qualifications and was still new to the entire process. Also, he did not understand how to correct this until now. 3. The applicant provides the following: * Four DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending on 26 April 2003, 1 February 2006, 22 May 2008, and 29 June 2011 * DA Forms 5984-E (two copies) 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 Illinois Army National Guard (ILARNG) on 7 June 2002. He entered on active duty for training on 7 January 2003. He completed training and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember). He was honorably released from active duty on 26 April 2003 and transferred to an ILARNG unit. His DD Form 214 shows he completed 3 months and 20 days of active service and does not list any awards. 3. He was ordered to active duty in support of Operation Iraqi Freedom (OIF) and entered active duty on 8 November 2004. He served in Iraq from 15 January 2005 to 1 January 2006. He was honorably released from active duty on 1 February 2006 and was transferred to an ILARNG unit. His DD Form 214 shows he completed 1 year, 2 months, and 24 days of active service. His DD Form 214 does not list the Driver and Mechanic Badge with Wheeled Vehicle Bar. 4. He provides two copies of his DA Form 5984-E, issued on 25 September 2007, with an expiration date of 10 May 2016. The form listed his vehicle qualifications and stated "Award Wheeled Vehicle Drive." 5. He again entered on active duty for training on 1 February 2008. He completed training and was awarded MOS 68W (Health Care Specialist). He was honorably released from active duty on 22 May 2008 and was transferred to an ILARNG unit. His DD Form 214 shows he completed 3 months and 2 days of active service. His DD Form 214 does not list the Driver and Mechanic Badge with Wheeled Vehicle Bar. 6. He was ordered to active duty in support of Operation Enduing Freedom (OEF) and entered active duty on 20 May 2010. He served in Egypt from 4 July 2010 to 8 May 2011. He was honorably released from active duty on 29 June 2011 and was transferred to an ILARNG unit. His DD Form 214 shows he completed 1 year, 1 month, and 10 days of active service. His DD Form 214 does not list the Driver and Mechanic Badge with Wheeled Vehicle Bar. 7. His service record, located on the interactive Personnel Electronic Records Management System, is void of any orders or other documents showing he was awarded or authorized the Driver and Mechanic Wheeled Vehicle Badge by proper authority while serving on active duty. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It states: a. 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 Lieutenant Colonel/O–5 or higher may approve award of the Driver and Mechanic Badge. 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) b. The eligibility requirements for drivers require that a Soldier must— (1) Qualify for and possess a current OF 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by AR 600–55; 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 accidents or traffic violations recorded on his or her DA Form 348–1 (Equipment Operator’s Qualification Record (Except Aircraft) continuation sheet); or (3) Perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner 2. AR 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4 required the preparer to enter in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized) all awards and decorations for all periods of service in the priority sequence specified. DISCUSSION: 1. The evidence of record shows the applicant was issued a DA Form 5984-E on 25 September 2007, which listed his vehicle qualifications and stated "Award Wheeled Vehicle Driver." He again served on active duty from 20 May 2010 to 29 June 2011, in support of OEF. His DD Form 214 does not show he was awarded the Driver and Mechanic Badge with Wheeled Vehicle Bar during this period of active duty. 2. There is no evidence of record and he provided none showing he met all required regulatory criteria for award of the Driver and Mechanic Badge with Wheeled Vehicle Bar during his period of active duty from May 2010 to June 2011 or any other times during his periods of active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000683 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000683 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2