IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20090019530 


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 record to show:

	a.  on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 28 August 1966, the Expert Marksmanship Qualification Badge with Rifle Bar;
  
	b.  on his DD Form 214 effective 8 August 1969:

* the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars
* the Safe Driver Badge for 8000 miles, not 800 miles
* 3 years, 3 months, and 17 days of foreign service
* two overseas service bars
* his date of birth is 7 August 1946
* the Vietnam Service Medal (VSM) with two bronze service stars

	c.  on his DA Form 20 (Enlisted Qualification Record):

* he completed a training fire for the M-16, not the M-14
* he participated in two campaigns during his service in the Republic of Vietnam (RVN)
* he served in the U.S. Army Europe (USAREUR)-Germany during the period 16 June 1968 through 7 August 1969

2.  The applicant states errors in the processing of his DD Form 214 have become reasons for denial of claims with the Department of Veterans Affairs.  

3.  The applicant provides copies of DD Forms 214 issued on 28 August 1966 and 8 August 1969, a copy of his DA Form 20, and a birth certificate.

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.  In its proceedings under Docket Number AR20100000323, boarded on 
15 July 2010, the ABCMR determined the applicant was entitled to correction of his DD Form 214 to show award of the Vietnam Service Medal with two bronze service stars, the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation.  These Proceedings will not address those awards. 

3.  The applicant's military record is not available to the Board for review.  However, the documentation provided by the applicant is sufficient to conduct a fair and impartial review of this case.

4.  The applicant enlisted in the Regular Army on 19 August 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).  He served in that MOS and MOS 64B (Heavy Vehicle Driver) during his Army service.  

5.  The applicant reenlisted at Kelley Barracks, Moehringen, Germany, on 29 August 1966.  He was honorably released from active duty in the rank of specialist five/E-5 on 8 August 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

6.  Item 6 (Date of Birth) of the applicant's DA Form 20 shows 7 August 1946.

7.  Item 6 (Date of Birth) of the DD Form 214 effective 28 August 1966 shows 
7 August 1946.

8.  Item 9 (Date of Birth) of the DD Form 214 effective 8 August 1969 shows 
7 August 1947.  

9.  The birth certificate provided by the applicant shows his date of birth as 
7 August 1946.  

10.  Item 29 (Qualification in Arms) of his DA Form 20 shows the applicant shot an expert qualification score for the rifle (M-14) on 15 May 1965 and the pistol (date illegible).

11.  Item 31 (Foreign Service) of his DA Form 20 shows the applicant completed the following periods of foreign service:

* 6 January 1965 through 3 September 1966 (Germany)
* 13 October 1966 through 6 October 1967 (Vietnam)
* 16 June 1968 to 7 August 1969 (location unspecified)

12.  The sum of these periods of service is 3 years, 9 months, and 16 days.  

13.  Item 38 (Record of Assignments) of his DA Form 20 shows the applicant completed the following periods of foreign service:

* 20 January 1965 through 1 September 1966 (USAREUR)
* 20 September 1966 through 3 October 1967 (US Army Pacific (USARPAC))
* 27 June 1968 through 6 August 1969 (USAREUR)

14.  The sum of these periods of service is 3 years, 9 months, and 8 days.

15.  The sum of the foreign service in item 22c of the applicant's DD Forms 214 is 3 years, 9 months, and 10 days.  

16.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows the following entries:

* Safe [Driver Badge] 8000 miles
* NDSM [National Defense Service Medal]
* VSM [Vietnam Service Medal]
* VCM w/device 1960 [RVN Campaign Medal with Device]
* [Overseas Service] Bar 2
* Combat [Infantryman] Badge
* Safe [Driver] Badge

17.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant on 28 August 1966 shows the following:

* [Marksman] (M-14)
* Safe [Driver Badge] (8000 miles)
* NDSM

18.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant on 8 August 1969 shows the following:

* Safe Driver Badge 800 Miles
* Combat Infantry[man] Badge
* Vietnam Campaign Medal [with] Device
* one overseas bar
* Marksman (Rifle)
* VSM

19.  Army Regulation 600-8-22 (Military Awards) provides for award of the Driver and Mechanic Badge.  Component bars are authorized only for the following types of vehicles and/or qualifications:  (1) Driver-W (for wheeled vehicles); (2) Driver-T (for tracked vehicles); (3) Driver-M (for motorcycles); (4) Driver-A (for amphibious vehicles); (5) Mechanic (for automotive or allied vehicles); and (6) Operator-S (for special mechanical equipment).

20.  Army Regulation 600-8-22 states the eligibility requirements for drivers require that a Soldier must (1) qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 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 accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator’s Qualification Record (Except Aircraft)); or (3) perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

21.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, one overseas service bar was authorized for each 6-month period of active Federal service as a member of a U.S. Service in Vietnam from 
1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

22.  The version of Army Regulation 635-5 (Separation Documents) in effect at the time of the applicant's military service stated a DD Form 214 would be issued at the time of separation to each member of the Regular Army, including Soldiers who were separated to immediately reenlist.  The regulation also provided that item 22c of the DD Form 214 would contain an entry for total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request to correct his DD Form 214 effective 28 August 1966 to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and to correct his DD Form 214 effective 8 August 1969 to show he was awarded the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars, two Overseas Service Bars, the VSM with two bronze service stars, and that his date of birth is 7 August 1946.

2.  The evidence of record does not support the applicant's request for correction of his DD Form 214 effective 8 August 1969 to show his total overseas service.  In accordance with the regulation in effect at the time, the applicant was issued a DD Form 214 when he was separated for immediate reenlistment on 28 August 1966.  This form documents his service from 19 August 1964 to 28 August 1966, including the foreign service he had completed as of the date of his separation.  The DD Form 214 issued to the applicant when he was released from active duty documents his service from 29 August 1966 to 8 August 1969, including his foreign service in Vietnam and Germany during this period.

3.  The sum of the foreign service recorded on the applicant's DD Forms 214 is 
3 years, 9 months, and 10 days.  The sum of the foreign service recorded in item 31 of his DA Form 20 is 3 years, 9 months, and 16 days; and the sum of the foreign service recorded in item 38 is 3 years, 9 months, and 8 days.  The available records are insufficient to determine the reason for the discrepancy in total foreign service or to determine his total foreign service with any greater degree of precision than that already shown in his record.  

4.  At the time of the applicant's military service, an individual's weapons qualifications, campaign participation, and service in overseas commands were entered on DA Form 20.  After a Soldier is discharged, the DA Form 20 is not normally accessible by individuals other than the Soldier, and there is generally no benefit in making corrections to this form.  In the absence of evidence showing mistakes or omissions on the form rise to the level of inequity or injustice, the applicant is not entitled to corrections to his DA Form 20 to show he completed a training fire on the M-16, participated in two campaigns during his service in the RVN, and served in USAREUR-Germany during the period 
16 June 1968 through 7 August 1969.  

5.  With the exception of the DD Form 214 effective 8 August 1969, the evidence of record shows the applicant's date of birth is 7 August 1946.  He is entitled to correction of his DD Form 214 effective 8 August 1969 to show his date of birth is 7 August 1946.

6.  The entries for the Safe Driver Badge on the applicant's DD Forms 214 do not reflect the nomenclature in use at the time, nor was there a requirement to enter "8000 miles" on the DD Form 214.  The applicant served in MOS 64A and MOS 64B during his Army career, and would have been awarded the Driver and Mechanic Badge with Driver-W Bar.  He is entitled to correction of his record to show he was awarded the Driver and Mechanic Badge with Driver–W Bar.

7.  The evidence of record shows the applicant shot an expert qualification score for the rifle (M-14) on 15 May 1965 and the pistol on an undetermined date.  He is entitled to correction of his DD From 214 to show he was awarded the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars.

8.  The evidence of record shows the applicant is entitled to two Overseas Service Bars for his service in the RVN.  

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:

	a.  deleting from item 26 of his DD Form 214 effective 28 August 1966 "Mkm (M-14)";

	b.  adding to item 26 of his DD Form 214 effective 28 August 1966 "Expert Marksmanship Qualification Badge with Rifle Bar";

	c.  deleting from item 9 of his DD Form 214 effective 8 August 1969 "7 Aug 47";

	d.  adding to item 9 of his DD Form 214 effective 8 August 1969 "7 Aug 46";

	e.  deleting from item 24 of his DD Form 214 effective 8 August 1969:

* Safe Driver Badge 800 Miles
* one overseas bar
* Marksman (Rifle)

	f.  adding to item 24 of his DD Form 214 effective 8 August 1969:

* Driver and Mechanic Badge with Driver-W Bar
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars

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 correction of the applicant's DA Form 20 and correction of the foreign service recorded on his DD Form 214 effective 8 August 1969.  



      ____________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)                                         AR20090019530





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ABCMR Record of Proceedings (cont)                                         AR20090019530



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