IN THE CASE OF:	  

		BOARD DATE:	    31 August 2010

		DOCKET NUMBER:  AR20100008646 


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 the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, and the Driver and Mechanic Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states the RVN Gallantry Cross with Palm Unit Citation, the 
RVN Civil Actions Honor Medal First Class Unit Citation, and the Driver and Mechanic Badge are not on his DD Form 214.  

3.  The applicant provides the following documents in support of his application:

* DD Form 214
* Honorable Discharge Certificate
* Internet information on the 2nd Battalion, 4th Field Artillery Regiment; RVN Gallantry Cross with Palm Unit Citation; and RVN Civil Actions Honor Medal First Class Unit Citation
* DA Form 348 (Equipment Operator’s Qualification Record) and U. S. Government Motor Vehicle Operator’s Identification (ID) Card

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 6 January 1966.  

3.  The applicant’s DA Form 348 shows he qualified as a truck driver on 19 April 1966.  He was issued a motor vehicle operator’s ID card on 12 July 1966 and was qualified to drive in the RVN.   

4.  He served in Vietnam from 10 January 1967 to 29 December 1967 with Headquarters and Headquarters Battery, 2nd Battalion, 4th Artillery, 9th Infantry Division as an artillery surveyor and survey recorder.  He received credit for participation in the Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) and the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) campaigns.  

5.  The applicant was released from active duty on 30 December 1967.  His DD Form 214 shows entitlement to the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969.

7.  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: 

* 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) 

8.  Army Regulation 600-8-22 states the eligibility requirements for drivers require that a Soldier must: 

   a.  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; 
   
   b.  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); and 

   c.  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to a unit during a period it was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be added to his DD Form 214.  

2.  The evidence of record shows the applicant qualified as a truck driver and was issued a motor vehicle operator’s ID card.  However, the applicant’s service record does not confirm he performed duties 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 and perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.  Therefore, in the absence of sufficient evidence, he has not met all of the eligibility requirements for award of a Driver and Mechanic Badge.  

3.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show two bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 the Vietnam Service Medal from his DD Form 214 and replacing it with the Vietnam Service Medal with two bronze service stars; and

   b.  adding the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation to 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 Driver and Mechanic Badge.  




      _______ _   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)                                         AR20100008646





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ABCMR Record of Proceedings (cont)                                         AR20100008646



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