IN THE CASE OF:	

		BOARD DATE:	01 October 2009  

		DOCKET NUMBER:  AR20090006203 


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, in effect, correction of his records to show his award of the Army Commendation Medal and the Driver and Mechanic Badge with Driver "W" [for wheeled vehicles] Bar.

2.  The applicant states that he was assigned to the 6th Battalion, 32nd Artillery, 1st Field Force in Vietnam and he believes he is entitled to these awards. 

3.  The applicant provides, in support of his application, a Headquarters Battery, 6th Battalion, 3rd Artillery memorandum, subject:  Recommendation for Individual Safety Award, dated 9 February 1969; a 6th Battalion, 3rd Artillery "Proud Americans" certificate for meritorious performance of duty, dated 10 March 1969; and an extract of an article from "The Artillery Review" entitled "6/32d Praised for Combat, Civil Actions," dated 11 February 1969.

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 was inducted into the Army of the United States on 7 August 1967.  He served as a supply sergeant assigned to Headquarters Battery,
6th Battalion, 32nd Artillery in Vietnam.  He was subsequently honorably released from active duty on 13 March 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.   

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Army Commendation Medal or the Driver and Mechanic Badge with Driver "W" Bar.

4.  There are no orders for the Army Commendation Medal in the available records.

5.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal.  Additionally, review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.

6.  In support of his claim for award of the Army Commendation Medal, the applicant provided a battalion certificate for meritorious performance of duty during the period 17 January 1968 to 10 March 1969 in Vietnam.  He also provided an article from "The Artillery Review," dated 11 February 1969, titled "6/32D Praised for Combat, Civic Actions," which praised the performance of the applicant's battalion during the Vietnam conflict.  It also included presentation of individual awards to specific Soldiers, not including the applicant.

7.  There are no orders for the Driver and Mechanic Badge with Driver "W" Bar in the available records.

8.  In support of his claim for the Driver and Mechanic Badge with Driver "W" Bar, the applicant provided a "Recommendation for Individual Safety Award" memorandum, dated 9 February 1969, prepared by his battery commander.  The recommendation stated, in pertinent part, that the applicant had driven 

approximately 12,000 miles without a recordable accident or reportable incident, 
that he had acted in the capacity as supply clerk and supply sergeant during his 14 months in Vietnam, and that he drove on numerous convoys to the remote firing batteries delivering critical supplies and munitions.  The memorandum recommended that the applicant be presented with a wrist watch for his outstanding driving record.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Driver and Mechanic Badge.  The eligibility requirements for drivers require that a Soldier must qualify for and possess a current U.S. Government Motor Vehicles Operator’s Identification Card, be assigned duties and responsibilities as a driver or assistant driver 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 or her Equipment Operator’s Qualification Record, or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

11.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Army Commendation Medal in the available records.  In the absence of orders, the certificate for meritorious performance provided by the applicant is not sufficient as a basis for award of the Army Commendation Medal.  Regrettably, there is insufficient evidence on which to base award of the Army Commendation Medal.
2.  While the available evidence is insufficient for awarding the applicant an Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  Although the applicant's primary duties were supply and not a vehicle driver, his duties included the requirement to drive a military vehicle which he did for approximately 12,000 miles during his tour in Vietnam.  Based on the foregoing, the "Recommendation for Individual Safety Award" memorandum is accepted as sufficient evidence on which to amend his DD Form 214 to add the Driver and Mechanic Badge with Driver "W" Bar.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Driver and Mechanic Badge with Driver "W" Bar on his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Commendation Medal.  



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20090006203



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ABCMR Record of Proceedings (cont)                                         AR20090006203



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