IN THE CASE OF:	  

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130002582 


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:

	a.  in Item 24c (Foreign and/or Sea Service) that he served in Thailand for a period of "1 year, 0 months, and 1 day"; and

	b.  in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* Republic of Vietnam (RVN) Technical Service Honor Medal Second Class
* Expert Marksmanship Qualification Badge with Rifle (M-1) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Driver and Mechanic Badge with Driver-W Bar

2.  The applicant states he departed the continental United States on 29 July 1964 and returned to the United States on 1 August 1965.  He contends that it took him 1 day to travel to Thailand and 4 days to make the return trip.  Accordingly, he contends that his DD Form 214 should credit him with 1 year and 1 day of foreign service.  The applicant further contends that he requested an award of the Driver and Mechanic Badge with Driver-W Bar, but never received a response.  He bases his request on being issued an Army driver's license in September 1963 and operating a 2 1/2 ton truck with trailers without accident.  He was examined and issued an International Driver's License.  He operated jeeps, 3/4 ton and 2 1/2 ton trucks in the cities, villages and on jungle roads in southeast Asia for a year without accident.  At Fort Huachuca, AZ, he operated similar vehicles and completed advanced, desert, and mountain driving courses. He states he drove thousands of miles in urban traffic, on limited access highways, forest service and "BLM" roads without any vehicular accidents for a year.  The applicant also discusses, in three hand-written pages and two type-written pages, his difficulties in resolving his issues concerning these corrections to his record and his whereabouts and activities during his period of assignment in Southeast Asia.

3.  The applicant provides copies of:

* DD Form 214 with two DD Forms 215 (Correction to DD Form 214)
* Letter Order Number T-1, Temporary Duty, 9th Logistical Command, dated 4 January 1965
* Newspaper photograph, undated, showing applicant receiving "Soldier of the Month" trophy as a member of the 207th Signal Company
* Copy of a photo indicating the new construction site in Thailand for the 207th Signal Company operations in 1965
* Copy of applicant's international driver's license 1964-1965
* Certificate for award of the RVN Technical Service Honor Medal to the applicant, undated
* DA Form 2139 (Military Pay Voucher) for the period 1-31 July 1965
* DA Form 348 (Equipment Operator's Qualification Record) issued             1 December 1965
* DA Form 87 (Certificate of Training) for the Basic and Advanced Driving Course, dated 3 December 1965
* Newspaper photo of 1st Sergeant, 207th Signal Company with company mascot indicating it was published in 1966 in the Army Times
* Special Orders Number 107, 160th Signal Group, Fort Huachuca, AZ, dated 25 July 1966
* Internet information sheet, American Veterans, printed 5 September 2012
* DA Form 20 (Enlisted Qualification Record) pages 1 and 4 only

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 23 August 1963, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 26L (Microwave Radio Repairman).

3.  The applicant's DA Form 20 shows:

	a.  in Item 29 (Qualification in Arms) that he familiarized with the M-1 rifle on 17 August 1964; and had qualified as a sharpshooter with the M-14 rifle on 
29 September 1965;

	b.  in Item 31 (Foreign Service) that he had served in Thailand from 29 July 1964 to 27 July 1965;

	c.  in Item 38 (Record of Assignments) that he had been assigned to the 207th Signal Company in Thailand on 31 July 1964; however, the date of his departure from this unit is unavailable;

	d.  in Item 38 that he was assigned to Fort Huachuca, AZ, on 30 August 1965; and

	e.  in Item 41 (Awards and Decorations) that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Medal.

4.  On 22 August 1966, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His 
DD Form 214, as corrected by DD Forms 215, indicates:

	a.  in Item 24c that he served 11 months and 28 days of foreign service; and

	b.  in Item 26 that he was awarded:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Army Good Conduct Medal
* Vietnam Service Medal with one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Campaign Medal with 1960 Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

5.  The RVN Technical Service Honor Medal Second Class is issued by The American War Library located in Gardena, California.  Authorization is granted to selected technical military occupational specialties of all allied nations.

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Driver and Mechanic Badge with Driver-W Component Bar.  The eligibility requirements for drivers require that a Soldier must qualify for and possess a current U.S. Government Motor Vehicles Operator’s Identification Card.  The Soldier must 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.

7.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the 
DD Form 214.  It provided that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the DA Form 20, are to be entered in Item 26 of the DD Form 214.

8.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document.

9.  A DA Form 348, as provided by the applicant, shows that on 1 December 1965, he was issued a driver's permit to operate both a 3/4 ton and 2 1/2 ton truck.  It further shows he had successfully completed desert and mountain training.

10.  A DA Form 87, provided by the applicant, indicates that he had completed a basic and advanced driving course on 3 December 1965.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

	a.  in Item 24c that he served in Thailand for a period of "1 year, 0 months, and 1 day"; and
	b.  in Item 26:

* RVN Technical Service Honor Medal Second Class
* Expert Marksmanship Qualification Badge with Rifle (M-1) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Driver and Mechanic Badge with Driver-W Bar

2.  The available evidence of record shows that the applicant's dates of overseas service for duty in Thailand were from 29 July 1964 to 27 July 1965, a period of 11 months and 28 days.  The available records do not sufficiently show that this information is in error.  Furthermore, the documents provided by the applicant do not convincingly show that he served in Thailand after 27 July 1965.

3.  The RVN Technical Service Honor Medal, Second Class, is a privately produced and sold commemorative medal.  As such, it is not authorized for inclusion on the DD Form 214.

4.  The available evidence of record shows that the applicant qualified as a sharpshooter on 29 September 1965 with the M-14 rifle.  Records also show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Unfortunately, the records do not clearly show which qualification was performed last, or on which rifle.  Furthermore, the same rifle bar is used for qualification on the M-1, M-14, and M-16 rifle.  Therefore, in order to not make the applicant worse off than he was before coming to this Board, this portion of his request should be denied.

5.  The available evidence of record does not show that the applicant had met all of the requirements to qualify for award of the Driver and Mechanic Badge.  Therefore this portion of his request should be denied.

6.  In view of the above, there is no substantiated evidence of error or injustice; therefore, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20130002582





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ABCMR Record of Proceedings (cont)                                         AR20130002582



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