IN THE CASE OF:	  

		BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130009437 


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 records to show all of his awards to include the "Mechanic Badge, Weapons qualification M-16 and pistol; RVN gallantry cross and civil actions medal, and all others."

2.  The applicant states, in effect, he is entitled to several awards not shown on his DD Form 214 (Report of Transfer or Discharge).

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

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 18 July 1967, completed training, and was awarded the military occupational specialty (MOS) 63C (General Vehicle Repairman).

3.  The available records include award orders for only the Sharpshooter Badge with Rifle Bar (qualification on the M-14).

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

* advancement to specialist four (SP-4)
* 4 months of service in Germany
* served in Vietnam with Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division from 9 February 1969 through 18 February 1970
* qualification as a sharpshooter on the M-14 rifle on 29 August 1967
* conduct and efficiency ratings exclusively of excellent
* award of the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960)

5.  The applicant was released from active duty on 21 February 1970 with 2 years, 7 months, and 4 days of creditable service with no lost time.  His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

7.  The applicant's available record does not include a copy of his DA Form 348 (Equipment Operator's Qualification Record (Except Aircraft)).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division, it was cited for award of the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

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, 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.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  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.  U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units.  It provided that:

	a.  the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  This decoration was awarded in four degrees:

* with Palm - to an individual cited before the Armed Forces; 
* with Gold Star - to an individual is cited before a corps;
* with Silver Star - to an individual cited before a division;
* with Bronze Star - to an individual cited before a regiment or brigade

   b.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross as a personal decoration required approval by the Commanding General of United States Army Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration. 

11.  Army Regulation 600-8-22 (Military Awards) provides the following:

   a.  the Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Eligibility requirements for mechanics are: 
   
* pass aptitude tests
* complete the standard mechanics' course with a "skilled" rating or have demonstrated possession of sufficient previous experience as an automotive or engineer equipment mechanic to justify such a rating
* be assigned to primary duty as an automotive or engineer mechanic, unit level or higher, or is an active automotive or engineer mechanic instructor;
* if required to drive an Army motor vehicle in connection with automotive mechanic or automotive mechanic instructor duties, qualify for motor vehicle operators permit and perform duty which includes driving motor vehicles for a minimum of 6 consecutive months; and has no Army motor vehicle accident or traffic violation recorded on their DA Form 348 (Equipment Operator's Qualification Record (Except Aircraft)). 
   
   b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam he is shown to have served during the following four campaign periods:  the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; and the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970; and 
   
   c.  the only emblems authorized for wear on the uniform, at the time of the applicant's service,  to indicate a foreign decoration received by a unit were the French and Belgian Fourrageres, the Netherlands Orange Lanyard, the Philippine Republic Presidential Unit Citation Badge, the Republic of Korea Presidential Unit Citation Badge, the Vietnam Presidential Unit Citation Badge, the Republic of Vietnam Gallantry Cross Unit Citation Badge, and the Republic of Vietnam Civil Actions Medal Unit Citation Badges;
   
   d.  the unit citation of the Civil Actions Medal was awarded by the Republic of Vietnam government for meritorious service.  It was awarded to specified U.S. Military units as the Republic of Vietnam Civil Actions Medal, First Class Unit Citation;
   
   e.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation is awarded by the Vietnamese government for valorous combat achievement.  It is awarded in four degrees as follows:
   
* with Palm - to a unit which is cited before the Armed Forces; 
* with Gold Star - to a unit which is cited before a corps;
* with Silver Star - to a unit which is cited before a division; and
* with Bronze Star - to a unit which is cited before a regiment or brigade

12.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The available record shows qualification only as a sharpshooter with the M-14 rifle.  The applicant has not provided and the record does not contain any evidence of any pistol or M-16 rifle marksmanship qualifications.

2.  While the applicant served as a general vehicle repairman and would potentially be entitled to a Driver and Mechanic Badge, the available records does not contain any evidence that he met proficiency or safety requirements for this award.  Without evidence that the applicant met all of the criteria for this badge, it is appropriate to apply the presumption of administrative regularity and deny this portion of the applicant's request. 

3.  There is no evidence that the applicant's unit was authorized receipt of the Republic of Vietnam Civil Actions Medal, First Class Unit Citation.

4.  There is no evidence the applicant was considered for or awarded the Republic of Vietnam Gallantry Cross as a personal decoration.  However, the Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Additionally, Department of the Army Pamphlet 672-3 shows his unit was cited for award the Valorous Unit Award.

6.  The applicant served in Vietnam during four campaigns and is authorizes to wear four bronze service stars on his already awarded Vietnam Service Medal.  It is appropriated to correct his DD Form 214 to show his award of the Vietnam Service Medal as with four bronze service stars.

7.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 18 July 1967 through 21 February 1970.

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.  awarding the applicant the Good Conduct Medal for his period of service from 18 July 1967 through 21 February 1970; and 
   
   b.  deleting the Vietnam Service Medal from the DD form 214;
   
   c.  showing, on the DD From 214, the applicant's awards also include the Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm 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 award of the Driver and Mechanic Badge; the Republic of Vietnam Civil Actions Medal, First Class Unit Citation; the Republic of Vietnam Gallantry Cross (as a personal award); and a marksmanship qualification with either the pistol or M-16 rifle. 



      _______ _   _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)                                         AR20130009437



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130009437



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1