ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  10 May 2019 DOCKET NUMBER: AR20170008762

APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in:

* Item 23a (Specialty Number & Title) "64B (Driver) and 94B2O (Cook) 2 May 69"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the "Driver and Mechanic Badge"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Page 1 of DA Form 20 (Enlisted Qualification Record)
* DD Form 256A (Honorable Discharge)
   * DA Form 348 (Equipment Operator’s Qualification Record) FACTS:
1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2. The applicant enlisted in the Regular Army on 27 December 1968. He completed training and he was awarded military occupational specialty (MOS) 94B (Cook), effective 2 May 1969.

3. Item 38 (Record of Assignments) of his DA Form 20 shows he served as a Vehicle Driver from 30 June 1971 to 16 December 1971, a period of 5 months and 17 days.

4. The applicant was honorably released from active duty on 22 December 1971.

5. A review of the applicant's records did not reveal orders awarding him MOS 64B or the Driver and Mechanic Badge. Furthermore, neither the MOS nor badge are listed on his DA Form 20.
1. 

6. The applicant provides and his records contain a copy of his DA Form 348, which shows he was trained to operate various equipment and vehicles.

7. The applicable regulation states the eligibility requirements for drivers require that a Soldier must (qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card issued as prescribed by appropriate regulations, and 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/her qualification record or perform satisfactorily for a minimum of 1 year as an active qualified driver instructor or motor vehicle driver examiner.
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found insufficient evidence to show that the applicant was ever awarded the MOS 64B or was awarded the Driver and Mechanic Badge. For that reason, the Board recommended denying the applicant’ request for relief.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
5/16/2019

CHAIRPERSON
Signed  by: 

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.


REFERENCES:

1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2. Army Regulation 600-8-22 (Military Awards), currently in effect, provides for award of the Driver and Mechanic Badge. Component bars are authorized for 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); and Operator-S (for special mechanical equipment).  The eligibility requirements for drivers require that a Soldier must (qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card issued as prescribed by appropriate regulations, and 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/her qualification record or perform satisfactorily for a minimum of 1 year as an active qualified driver instructor or motor vehicle driver examiner.