IN THE CASE OF:	  FRATER, TIMOTHY A. 

		BOARD DATE:	  25 July 2013

		DOCKET NUMBER:  AR20130000212 


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 award of the:

* Army Good Conduct Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Driver's Badge (known as the Driver and Mechanic Badge)
* Lifeguard Skills Badge

2.  The applicant states he believes he is entitled to the awards and decorations based on his service.

3.  The applicant provides a copy of his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Although the applicant lists a member of the Winnebago County Veterans Services as Counsel, she did not render a request on the applicant's behalf.

2.  Counsel provides no additional statement. 

3.  Counsel provides no additional evidence.




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 11 May 1970.  He completed training and he was awarded military occupational specialty 11C (Infantry Individual Fire Crewman).  He served in the Republic of Vietnam from 3 October 1969 to 2 October 1971 where he was further assigned to Company B, 4th Battalion, 21st Infantry Regiment on 17 October 1970 and later to 4th Battalion, 3rd Infantry Regiment for the period 26 June through 2 October 1971.  The highest rank/grade he attained during this period of service was sergeant (SGT)/E-5. 

3.  His record contains Special Orders Number 182, issued by Headquarters, U.S. Army Training Center and Fort Campbell, Fort Campbell, KY, dated 2 July 1970, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His record contains General Orders Number 00349, issued by Headquarters, 23rd Infantry Division, dated 10 January 1971, which show he was awarded the Army Commendation Medal.

5.  His record contains General Orders Number 11205, issued by Headquarters, 23rd Infantry Division, dated 4 October 1971, which show he was awarded the Bronze Star Medal.

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

7.  On 22 December 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His 
DD Form 214 shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star 
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal 

8.  The applicant's record contains no evidence and he did not provide any evidence which shows he met the criteria for the Driver and Mechanic Badge or that he was recommended for or was issued official orders awarding him this badge.

9.  The applicant's record contains no evidence and he did not provide any evidence he was awarded a Lifeguard Skills Badge. 

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in 
those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  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 4th Battalion, 3rd Infantry Regiment, a unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February  through 30 April 1971 by Department of the Army General Order Number 42, dated 1972.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase VII
* Consolidation I

13.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge.  Component bars are authorized for 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); and Operator-S (for special mechanical equipment).  The eligibility requirements for drivers require that a Soldier must (qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card issued as prescribed by appropriate regulations, and 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/her qualification record or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

14.  Army Regulation 635-5 (Separation Documents) provides that Item 24 will show decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Commendation, Letters of Appreciation, Unit-specific awards, and similar awards not recognized and included in Army Regulation 672-5-1 (as examples, awards earned during organization day activities; badges to be worn only while a Soldier was a member of a particular unit and performing certain specific duties) will not be recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show award of the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Driver and Mechanic Badge, and the Lifeguard Skills Badge has been carefully considered and found to have partial merit.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his         DD Form 214 to show this badge.

3.  General orders awarded him the Army Commendation Medal and Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  The applicant served honorably during the period 11 May 1970 through             22 December 1971.  He served in the Republic of Vietnam, attained the rank/grade of SGT/E-5, and he received "excellent" conduct and efficiency ratings throughout his military service.  His file contains no information which would have disqualified him for the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

5.  Records show the applicant participated in two campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

6.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his   DD Form 214 should be corrected to show this unit award.

7.  With respect to the Driver and Mechanic Badge, there is no evidence in his  record that shows he met the criteria for this badge or that he was recommended for or issued official orders awarding him this badge.  Regretfully, in the absence of documentary evidence that shows he met the criteria, there is insufficient evidence to award him this badge.

8.  The applicant claims he was awarded the Lifeguard Skills Badge.  This badge was not included in and was not recognized in Army Regulation 672-5-1 or Army Regulation 600-8-22.  Due to a lack of conclusive evidence to indicate that the Army recognized the badge, it is believed it may have been a unit-specific badge to be worn only while a Soldier was a member of his unit.  Therefore, there is insufficient evidence to support the requested relief.

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 with one bronze service star from his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
11 May 1970 through 22 December 1971; and

 	c.  adding to his DD Form 214 the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with 2 bronze service stars

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 and the Lifeguard Skills 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)                                         AR20130000212





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ABCMR Record of Proceedings (cont)                                         AR20130000212



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