IN THE CASE OF:	  

		BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120008409 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Meritorious Unit Commendation (MUC) and any other medals he is entitled to for his service with the 87th Engineer Battalion, 35th Engineer Group, from 1965 to 1966.

2.  He states his local Department of Veterans Affairs office pushed him to update his DD Form 214.  

3.  He provides no documents 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.  On 15 June 1953, the applicant enlisted in the Regular Army (RA).    
3.  His DA Form 24 (Service Record) shows he served in military occupational specialty (MOS) 640.00 (Light Vehicle Driver) from 22 October 1953 through 24 January 1958.  Section 9 (Medals, Decorations, and Citations) shows he was authorized the:

* National Defense Service Medal (NDSM)
* Army of Occupation Medal (AOM) (Germany)
* Expert Marksmanship Qualification Badge with Carbine Bar
* Driver and Mechanic Badge "[with] Bar"
* Army Good Conduct Medal (AGCM)

4.  On 24 January 1958, he was released from active duty and transferred to the U.S. Army Reserve (USAR).  On 28 July 1960, he entered active duty as a member of the USAR, and, on 26 October 1960, he was discharged to enlist in the RA.  On 27 October 1960, he enlisted in the RA.  On 26 October 1963, he reenlisted.  

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

* item 29 (Qualification in Arms), following his reenlistment in October 1963, he qualified as Expert with the M-1 carbine and the M-14 rifle
* item 31 (Foreign Service) he served in –

* Korea from 28 August 1962 through 19 September 1963
* Vietnam from 5 August 1965 through 2 August 1966

* item 38 (Record of Assignments) he was assigned to duty in Vietnam with – 

* Company A, 87th Engineer Battalion (Construction) from 3 August 1965 to 20 February 1966
* Company A, 864th Engineer Battalion (Construction) from 21 February to 30 July 1966

* item 38 he received "excellent" conduct and efficiency ratings with the exception of two periods of "unknown" ratings

6.  On 7 March 1963, Headquarters, 83d Ordnance Battalion (Ammunition), issued General Orders Number 3 awarding him the AGCM Clasp (2nd Award) for the period 18 February 1960 to 17 February 1963.  

7.  On 25 October 1966, he was honorably discharged in the rank/grade of sergeant first class/E-7 after competing 10 years, 10 months, and 8 days of total active service.

8.  His record contains four DD Forms 214.

	a.  A DD Form 214 for the period ending 27 January 1958 shows he was awarded or authorized the NDSM, AOM (Germany), and AGCM.

	b.  The DD Form 214 for the period ending 26 October 1960 shows no decorations.

	c.  The DD Form 214 for the period ending 25 October 1963 shows the AGCM (2nd Award) and Marksman Marksmanship Qualification Badge with Carbine Bar.

	d.  The DD Form 214 for the period ending 25 October 1966 shows the NDSM (2nd Award), Vietnam Service Medal (VSM), and Republic of Vietnam Campaign Medal with Device (1960).

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:

* 87th Engineer Battalion was cited for award of the MUC for the period August 1965 to April 1966 by Department of the Army General Orders (DAGO) Number 20, dated 1967
* 864th Engineer Battalion was cited for award of the MUC for the period May 1965 to February 1967 by DAGO 17, dated 1968

10.  DAGO 8, dated 1974, announced award of the Republic of Vietnam 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 (USARV) and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign.  The applicant's service in Vietnam coincided with three campaigns:  Vietnam Defense Campaign (8 March - 24 December 1965), Vietnam Counteroffensive (25 December 1965 - 30 June 1966), and Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967).

12.  A review of his record indicates he is entitled to additional awards not shown on his DD Forms 214.  

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

14.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM subsequent to the end date of the period for which he received his second award of the AGCM.

15.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

16.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge.  The following component bars are authorized:  

* 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)

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version of the regulation in effect at the time the applicant served stated to enter decorations awarded or authorized during the period covered by the DD Form 214.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows each of the two units he served with in Vietnam was awarded the MUC for periods during which he was assigned.  Therefore, he is entitled to correction of his final DD Form 214 to show these unit awards.

2.  He was assigned to duty in Vietnam with units subordinate to USARV.  Therefore, he is entitled to correction of his final DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  His record shows he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar prior to his release from active duty on 24 January 1958.  It would be appropriate to correct his DD Form 214 for this period to show this badge.  

4.  There is an error in the dates for the AGCM (2nd Award).  The orders for the award show his qualifying period of service as 18 February 1960 to 17 February 1963; however, he was not eligible for the AGCM for the period shown because he was not on active duty from 18 February to 27 July 1960.  The appropriate period for the award would have been 28 July 1960 to 27 July 1963.  His record is void of any evidence that would have prevented awarding him the AGCM (2nd Award) for this revised period.  This being the case, it would be appropriate to amend the orders to show the period for the AGCM (2nd Award) was 28 July 1960 to 27 July 1963.

5.  He completed a third 3-year period of service qualifying for award of the AGCM from 28 July 1963 to 27 July 1966.  In light of his overall record of service, it would be appropriate to award him the AGCM (3rd Award) for this period and to correct his final DD Form 214 to show this award.

6.  He was awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his final DD Form 214 for the period ending 25 October 1966 to show three bronze service stars for wear on the previously-awarded VSM.

7.  He completed a period of service in Korea qualifying for award of the KDSM.  Therefore, he is entitled to correction of his final DD Form 214 to show the KDSM.  

8.  He was awarded the Driver and Mechanic Badge with an unspecified Bar.  His record shows he was a light vehicle driver, and he would have received this badge with a Driver–W Bar.  It would be appropriate to correct his final DD Form 214 to show this badge.  
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.  amending Headquarters, 83d Ordnance Battalion (Ammunition), General Orders Number 3, dated 7 March 1963, to show the period for the AGCM (2nd Award) as "28 July 1960 to 27 July 1963";

	b.  awarding him the AGCM (3rd Award) based on completion of a qualifying period of active Federal service from 28 July 1963 to 27 July 1966;

	c.  adding the Expert Marksmanship Badge with Carbine Bar to his DD Form 214 for the period ending 24 January 1958; 

	d.  deleting the VSM from his final DD Form 214; and

	e.  adding to his final DD Form 214:

* AGCM (3rd Award)
* VSM with three bronze service stars
* KDSM
* Driver and Mechanic Badge with Driver–W Bar
* MUC (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120008409





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ABCMR Record of Proceedings (cont)                                         AR20120008409



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