IN THE CASE OF:	  

		BOARD DATE:	  3 September 2013

		DOCKET NUMBER:  AR20130001788 


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 in:

* Item 23a (Specialty Number and Title) the entry 62B3O vice 62B2O Engineer Equipment Mechanic
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal and credit for the Tet campaign

2.  The applicant states, in effect, his DD Form 214 contains errors. 

3.  The applicant provides:

* DD Form 214
* Special Orders (SO) Number 81
* Engineer Equipment Repair Course Roster
* Certificate of proficiency 
* Engineer Equipment Repair Course Diploma

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's records show he enlisted in the Regular Army on 6 September 1966.  He completed the 9-week Engineer Equipment Maintenance Course on 24 February 1967 and he was awarded military occupational specialty 62B (Engineer Equipment Repairman). 

3.  He also completed the 7-week Engineer Equipment Repair Course (MOS 62B3O) given at Fort Belvoir, VA, on 22 April 1967.  

4.  He served in Vietnam in MOS 62B2O as an Engineer Equipment Mechanic from 20 May 1967 to 20 May 1968.  He was assigned to Headquarters and Headquarters Company, 96th Engineer Battalion.  

5.  Upon completion of his Vietnam tour, he was reassigned to Fort Devens, MA. He served in MOS 62B2O as an Engineer Equipment Mechanic with Headquarters and Headquarters Company, 18th Engineer Battalion. 

6.  On 30 January1969, the applicant was promoted to specialist five in MOS 62E20, and he was awarded MOS 62E20 as his primary MOS.

7.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 (Temporary) on 5 September 1969.  He completed 3 years of creditable active service with no lost time.  His DD Form 214 shows in:

* Item 23a - 62B2O Engineer Equipment Mechanic
* Item 24 - the:

* National Defense Service Medal
* "United Nations Service Medal"
* Vietnam Campaign Ribbon with 1960 Device
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  The applicant's records do not contain orders awarding him the Army Good Conduct Medal (1st Award).  However, his records also do not contain any derogatory information in the form of nonjudicial punishment (NJP), lost time, or court-martial conviction that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. 

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

10.  Army Regulation 600-8-22 (Military Awards) states 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.  Appendix B shows during the applicant's service in Vietnam, participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 86th Engineer Battalion was cited for awards of the:

* Meritorious Unit Commendation for service from 1 May 1967 to 31 July 1968 based on Department of the Army General Orders (DAGO) Number 17, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 26 September to 21 October 1967 based on DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 3 August to 25 September 1967 based on DAGO Number 43, dated 1970

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It stated, in pertinent part, that item 23 shows the primary MOS code number and title. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed the 7-week, 62B3O, Engineer Equipment Repairer Course in April 1967.  However, he did not hold MOS 62B at the time of separation; he held MOS 62E.  Therefore, although he completed 62B3O MOS and although his DD Form 214 shows MOS 62B2O, the regulation provides for a listing of the primary MOS held at the time of separation which is 62E20, not 62B. Therefore, the listing of MOS 62B3O, specifically requested by the applicant, is not justified. 

2.  The applicant served honorably during the period 6 September 1966 through 5 September 1969.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP5/E-5.  His record is void of any derogatory information on file that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correction of his records to show this award.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He served a qualifying period for award of the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to the Vietnam Service Medal and correction of his DD Form 214 to show this award. 

5.  He did not serve a qualifying period of service for award of the United Nations Service Medal, which is a Korean War era award.  It appears his DD Form 214 listed this award incorrectly.  However, it is the practice of this Board to not disadvantage an applicant by making the situation any worse off for having applied for a correction to their record.  In other words, the Board does not correct an administrative error if the correction would result in a less favorable action to the applicant.
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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 September 1966 through 5 September 1969
* adding to his DD Form 214 the –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 MOS 62B3O.



      _______ _   _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)                                         AR20130001788





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ABCMR Record of Proceedings (cont)                                         AR20130001788



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