IN THE CASE OF

		BOARD DATE:	  22 May 2014 

		DOCKET NUMBER:  AR20130016609 


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 (Report of Separation from Active Duty) to show:

* he held military occupational specialty (MOS) 64C1O (Motor Transport Operator)
* he completed the Unit Armorer Course and GOER Driver Training Course
* he was awarded the Valorous Unit Award (VUA)
* award of the Presidential Unit Citation (PUC), National Defense Service Medal (NDSM), and the Army Good Conduct Medal (AGCM)

2.  The applicant states that his DD Form 214 does not reflect that he held MOS 64C1O and 64C2O, that he completed the Unit Armorer Course, or that he was awarded the VUA and PUC.  He believes he should have been awarded the NDSM and AGCM. 

3.  The applicant provides a one-page letter explaining his application, copy of his DD Form 214, certificates of training for the Light Vehicle Drivers Course, GOER Driver’s Training Course, and the 3-Week Unit Armorer Course.  

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 26 November 1975 for a period of 3 years.  He completed basic training at Fort Leonard Wood, MO and remained at Fort Leonard Wood to complete his advanced individual training (AIT) of 5 weeks as a motor transport operator.

3.  He completed AIT, was awarded MOS 64C1O, and was transferred to Fort Hood, TX for assignment to the 1st Battalion, 8th Cavalry Regiment.  He was advanced to pay grade E-4 on 26 March 1977 and his MOS was changed to 64C2O.

4.  He remained at Fort Hood until he was honorably released from active duty on 25 November 1978 due to the expiration of his term of service.  He had completed 3 years of active service and his DD Form 214 shows his marksmanship awards and that he completed the Motor Transport Operator Course.

5.  The certificates provided by the applicant include the light vehicle driver's course which is the applicant's AIT course and this course is reflected on his 
DD Form 214 as the Motor Transport Operator Course.  

6.  He also provides a certificate of training for completion of GOER Driver’s Training Course of 16 hours in duration conducted at Fort Hood.  Additionally, he provides a certificate of training for a 3-Week Unit Armorer Course.

7.  A review of the applicant’s records shows no derogatory information that would serve to disqualify him for award of the AGCM.  Additionally, there is no evidence of disqualification by the commander.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for the preparation of the DD Form 214.  It provided, in pertinent part, that only courses that were 1 week (40 hours) in duration or more be entered on the DD Form 214.  This regulation also provided that only the primary MOS would be entered on the DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

10.  Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

11.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 
30 consecutive days of the period cited.  Individuals who were not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

12.  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 his unit (1st Battalion, 8th Cavalry) was cited for award of the PUC in 1967, the VUA in 1972, Republic of Vietnam Gallantry Cross with Palm Unit Citation in 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty for a period of 3 years and his records contain no derogatory information that would serve to disqualify him for award of the AGCM.  Therefore, it is reasonable to presume that the failure to award the applicant the AGCM was simply a matter of administrative oversight.  Accordingly, he should be awarded the AGCM (1st Award) for the period
26 November 1975 – 25 November 1978 and it should be added to his DD Form 214. 

2.  The applicant completed the Unit Armorer Course of 3 weeks in 1976 and is entitled to have that course entered on his DD Form 214.  However, the GOER Driver’s Training Course was less than 40 hours and is not authorized for entry on the DD Form 214.

3.  The applicant did not serve during a qualifying period for award of the NDSM and therefore is not entitled to that award.
4.  The applicant’s contention that the PUC and VUA should be added to his 
DD Form 214 has been noted and found to lack merit.  The applicant’s unit was awarded those awards during the Vietnam War, a period in which the applicant was not assigned to the unit; therefore, he was only entitled to wear those awards while assigned to the unit.  Only personnel who were assigned to the unit during the period the unit earned the awards are authorized to have them entered on their records as permanent awards.

5.  The applicant’s contention that his DD Form 214 should also reflect that he held MOS 64C1O has been noted and found to lack merit.  The regulation governing the preparation of the DD Form 214 in effect at the time provided that only the primary MOS held at the time of separation would be entered on that form.  Accordingly, there is no basis to add MOS 64C1O to his DD Form 214 as his DD Form 214 correctly shows his primary MOS of 64C2O.  He had no secondary MOS.

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 the applicant the AGCM (1st Award) for the period 26 November 1975 –25 November 1978 and adding it to his DD Form 214
* Adding the Unit Armorer Course to his DD Form 214








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 adding the NDSM, VUA, PUC, and GOER Driver’s Training Course to his DD Form 214.  




      _______ _ 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)                                         AR20130016609



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ABCMR Record of Proceedings (cont)                                         AR20130016609



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