IN THE CASE OF:  	  

		BOARD DATE:  18 June 2015	  

		DOCKET NUMBER:  AR20140019288 


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:

* he graduated from high school
* he was awarded the Driver and Mechanic Badge for wheeled vehicles

2.  The applicant states he only recently noticed the discrepancies.

3.  The applicant provides his DD Form 214 and a photocopy page containing a copy of his high school diploma and a newspaper clipping announcing his receipt of the Driver and Mechanic Badge.

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 29 September 1969.  After completing initial training, he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).  He was later awarded MOS 64C (Heavy Vehicle Driver).  The highest rank/grade held was specialist four/E-4.  

3.  He served in Vietnam from 24 August 1970 to 23 August 1971.  He has qualifying service for two campaigns (Vietnam Counteroffensive Phase VII and Consolidation I, respectively).

4.  He was honorably released from active duty on 28 September 1972.  His DD Form 214 showed he completed 3 years of net active creditable service.

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

	b.  Item 30 (Remarks) shows civilian education as 11 years.

5.  His DA Form 20 (Enlisted Qualification Record) shows the following entries:

	a.  Item 32 (Civilian Education) shows an entry regarding high school with 11 years completed.

	b.  Item 38 (Record of Assignments) shows:

* Principal Duty as a Heavy Vehicle Driver from on or about 2 September 1970 to on or about 15 September 1970 while assigned to the 572nd Transportation Company (Medium Truck Cargo) 
* Principal Duty as Medium Truck Drive from on or about 16 September 1970 to on or about 28 November 1970 while assigned to the 543rd Transportation Company (Light Truck 5 Ton)
* Principal Duty as a Heavy Vehicle Driver from on or about 29 November 1970 to on or about 20 August 1970 while assigned to the 321st Transportation Company (Medium Truck Cargo)
* All entries addressing conduct and efficiency are shown as excellent

	c.  Item 41 (Awards and Decorations) does not show the award of the Driver and Mechanic Badge.

6.  His official military personnel file (OMPF) does not contain either a high school diploma or orders showing the award of the Driver and Mechanic Badge.

7.  The applicant provides a photocopy showing:

* he was awarded his high school diploma on 12 June 1970
* a newspaper article announcing he was awarded the Driver and Mechanic Badge while serving in Vietnam and assigned to the 321st Transportation Company; a portion of the article states he maintained a record of accident-free driving with no traffic violations

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policy and procedures for the completion of the DD Form 214.  Regarding civilian education it stated the DD Form 214 should show the highest civilian education level attained, with the source for this entry being the DA 
Form 20.

9.  Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards.

	a.  The award of the Driver and Mechanic Badge is announced in orders and component bars are authorized only for the following types of vehicles and/or qualifications:  

* Driver-W (for wheeled vehicles) 
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)

	b.  It further states the eligibility requirements for drivers require the Soldier to:

* qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55
* 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 348-1-R (Equipment Operator’s Qualification Record (Except Aircraft); and
* perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner. 

	c.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

10.  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.  

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 all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.  

DISCUSSION AND CONCLUSIONS:

1.  While his OMPF reflects the completion of only 11 months of high school, the applicant provides a copy of his high school diploma showing he successfully graduated.  The copy he provides should be accepted and his DD Form 214 should be amended accordingly.

2.  The applicant requests his DD Form 214 be corrected to show the award of the Driver and Mechanic Badge.  

	a.  His OMPF does not contain orders showing this award, but he provides a newspaper clipping showing the announcement of this award during his tour in Vietnam with the 321st Transportation Company.  

	b.  The article mentions he maintained a record of accident-free driving with no traffic violations.  

	c.  His MOS was that of a wheeled vehicle driver, he served at various times as a light, medium and heavy vehicle driver.  

	d.  It is reasonable to presume the article accurately reported his receipt of this award and, therefore, his DD Form 214 should be revised to show this award. 

3.  It appears he met the criteria for the award of the Army Good Conduct Medal (1st Award) for the period 29 September 1969 to 28 September 1972 and should therefore be given this award as well as having it added to his DD Form 214.

* there is no derogatory information found in his available record
* he received all excellent ratings for conduct and efficiency throughout his term of service

4.  He has qualifying service for the following awards and they should be added to his DD Form 214:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 28 September 1970 as follows:

	a.  Award the Army Good Conduct Medal (1st Award) for the period 29 September 1969 to 28 September 1972.

	b.  Delete from item 24 the Vietnam Service Medal.

	c.  Add the following awards to item 24:

* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Driver and Mechanic Badge with Wheeled Vehicle Bar

	d.  Delete from item 30, Civilian Education :  11 years, and add Civilian Education:  12 years (High School Diploma)




      __________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)                                         AR20140019288





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ABCMR Record of Proceedings (cont)                                         AR20140019288



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