IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100024502 


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 all awards and decorations to which he is entitled. 

2.  He states, in effect, clerical inaccuracies and mistakes made at the time of his release from active duty resulted in omissions in his record.  He also states, in effect, the Awards and Decorations Computer Assisted Retrieval System (ADCARS) may contain documentation pertaining to awards he received.

3.  He provides no documentation in support of his request.

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 enlisted in the Regular Army on 30 September 1966 for service in Army Career Group 64 (Motor Transport).  After completing initial entry training, he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).  He also served in MOS 64B (Heavy Vehicle Driver) and MOS 64C (Motor Transport Operator).  He was honorably released from active duty on 29 September 1969 after completing 3 years of total active service.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms) he qualified as a sharpshooter with the 
M-14 rifle
* item 31 (Foreign Service) he served in Vietnam from 11 March 1967 through 6 March 1968
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with the 88th Transportation Company from 20 March 1967 to 4 March 1968

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal
* Good Conduct Medal

5.  Special Orders Number 334, issued by Headquarters, Pleiku Sub-Area Command, on 10 December 1967, shows he was awarded the "Drivers Badge."

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Driver and Mechanic Badge.  The Driver-W component bar is authorized for qualified wheeled vehicle drivers.

7.  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.  His service in Vietnam coincided with three campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

8.  Army Regulation 600-8-22 provides that a marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

9.  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 88th Transportation Company was cited for award of the Republic of Vietnam (RVN) Gallantry Cross with Gold Star Unit Citation for the period 12 November 1967 to 24 April 1971, as confirmed by Department of the Army General Orders (DAGO) Number 24, dated 1972.

10.  DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  A review of ADCARS, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders pertaining to the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports the applicant's request for correction of his record to show additional awards and decorations.

2.  Special orders awarded him the "Drivers Badge," and his record shows he served as a wheeled vehicle driver.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded the Driver and Mechanic Badge with Driver-W Bar. 

3.  He qualified as a sharpshooter with the M-14 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  He participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the already-awarded VSM.

5.  He served in the 88th Transportation Company during a period for which the unit was cited for award of the RVN Gallantry Cross with Gold Star Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
BOARD VOTE:

__X_____  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the VSM from his DD Form 214 and

	b.  adding to item 24 of his DD Form 214 the:

* VSM with 3 bronze service stars
* Driver and Mechanic Badge with Driver-W Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* RVN Gallantry Cross with Palm Unit Citation
* RVN Gallantry Cross with Gold Star Unit Citation



      ____________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)                                         AR20100024502





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ABCMR Record of Proceedings (cont)                                         AR20100024502



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