IN THE CASE OF: BOARD DATE: 11 October 2023 DOCKET NUMBER: AR20230006947 APPLICANT REQUESTS: reconsideration of his earlier request for: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Driver and Mechanic Badge with Driver-W Bar * as a new issue, award of the Army Achievement Medal (Second Award) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 9 March 2023 * Self-authored statement, 1 March 2023 * DA Form 4980-18 (Army Achievement Medal Certificate), 15 September 1998 * DA Form 638 (Recommendation for Award), 6 October 1998 * DA Form 5984-E (Operator's Permit), 23 November 1998 * Memorandum for Record, Headquarters, 37th Engineer Battalion (Combat) (Airborne), Fort Bragg, subject: (Applicant), 6 May 1999 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20210011961 on 1 December 2022. 2. The applicant states, in effect: a. He recently applied for the award of the Driver and Mechanic Badge with Driver- w Bar but did not include enough evidence with his application. b. He is missing his second AAM on his DD Form 214. His second AAM was awarded for his driving record. 3. He provided copies of: a. His DD Form 149 application with a self-authored statement outlined above. b. A DA Form 4980-18 (AAM Certificate) shows the applicant received an AAM for exceptionally meritorious achievement while assigned as the Battalion Commander’s driver and other duties from 19 June 1997 to 15 September 1998. The award was signed by Lieutenant Colonel MAS, Commanding, on 22 October 1998 and assigned Permanent Order Number 294-01, 15 September 1998. c. A DA Form 638, 6 October 1998, recommending approval of an AAM for the period 19 June 1997 to 15 September 1998 while he was assigned the battalion commander's driver and assistant chief of the Battalion Publication Section. Part V (Orders Data) was incomplete, the approval authority had not signed, and the award recommendation contained no permanent orders number. The previous award noted was an AAM and the recommended award an AAM, which would indicate the applicant’s second AAM, if approved. d. A DA Form 5984-E, 23 November 1998 showing he was authorized to operate a government vehicle. e. A memorandum for record, showing his first sergeant recommended him for employment in any position for which he qualifies. 4. A review of the applicant's service records shows: a. On 20 June 1996, he enlisted in the Regular Army for 3 years. He completed Basic Combat Training, he completed Advanced Individual Training, and he was awarded military occupational specialty 12B (Combat Engineer). b. On 18 November 1996, he was assigned to Headquarters and Headquarters Company, 37th Engineer Battalion, Fort Bragg. c. His DA Form 2-1 shows in section 9 (Awards, Decorations, and Campaigns), he was awarded or authorized: * Army Service Ribbon * Parachutist Badge * Air Assault Badge * Army Achievement Medal d. On 19 June 1999, he was honorably released from active duty. His DD Form 214 shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded or authorized: * Army Lapel Button * Army Achievement Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Parachutist Badge * Air Assault Badge e. His records are void of orders for the AAM with First Oak Leaf Cluster and void of orders for the Driver and Mechanic Badge with Driver-w Bar. 5. On 1 December 2021, the Board denied his request for the Driver and Mechanic Badge with Driver-w Bar in ABCMR Docket AR20210011961. 6. On 3 December 2022, ARBA issued him a DD Form 215 (Correction to DD Form 214). It does not show award of the AAM (Second Award); however, the following was added: * Army Good Conduct Medal * Army Commendation Medal * Basic Airborne, 3 Weeks, 1996 * Airborne School, 2 Weeks, 1996 * Air Assault School. 2 Weeks, 1998 * Sapper Course, 4 Weeks, 1998 BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined the record is absent sufficient evidence showing any recommendations or orders for an Army Achievement Medal (2nd award). The Board concluded the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature with documentation to support the applicant’s request for the award. The evidence provided does not contain final signatures or a permanent order number for approval. 2. The Board agreed, there is insufficient evidence to support the applicant met the criteria for the driver’s badge w/ bar based on regulatory guidance. Although the records show the applicant was selected to be the 1SG’s driver, there is no evidence to show if he met the minimum of 12 consecutive months or during at least 8,000 miles and had no Army motor vehicle accident or traffic violation recorded. Based on this, the Board determined reversal of the previous board decision is without merit and denied 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 Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20210011961 on 1 December 2022. 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. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 600-8-22 (Military Awards), then in effect, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. : a. The Army Achievement Medal is awarded to any member of the Armed Forces of the United States or to any member of the armed forces of a foreign nation, who distinguishes himself or herself by meritorious service or achievement of a lesser degree that required for the Army Commendation Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Driver and Mechanic Badge was awarded to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles. Driver component bars are authorized for wheeled vehicles, tracked vehicles, motorcycles, and amphibious vehicles. To be eligible, the individual must have a current Standard Form 46 (U.S. Government Motor Vehicles Operator's Identification Card) and have performed assigned duty as a driver or assistant driver of Army vehicles for a minimum of 12 consecutive months or during at least 8,000 miles and had no Army motor vehicle accident or traffic violation recorded. 3. Army Regulation 635-5 (Separation Documents), effective 1 October 1979 and in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214, including the DA Form 20 (Enlisted Qualification Record) (later replaced by the DA Form 2-1) and orders. b. The instructions for item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) state self-explanatory, meaning enter all awards and decorations authorized during the period covered by the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230006947 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1