IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150004166 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. the Army Good Conduct Medal and unspecified combat awards and b. his military occupational specialty (MOS) as 76W (aircraft fuel handling specialist) instead of 63B (wheeled vehicle mechanic). 2. The applicant states he was an aircraft refueling specialist and he never worked on vehicles and never used a wrench. Some of his awards were omitted and his MOS is incorrect. 3. The applicant provides 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 was inducted into the Army of the United States on 13 April 1966. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 8 (Duty MOS), 63B2O. b. Item 22 (MOSs), primary MOS 56C2O (petroleum storage specialist), 14 June 1966; secondary MOS 76W (petroleum storage specialist), 7 July 1967; and primary MOS 63B, 31 August 1967. c. Item 31 (Foreign Service), service in Vietnam from 26 October 1966 through 10 October 1967. d. Item 33 (Appointments and Reductions), promotion to the temporary rank of specialist four (SP4)/E-4 on 28 August 1967. e. Item 38 (Record of Assignments), assignment to Headquarters and Headquarters Company (HHC), 196th Light Infantry Brigade from 9 November 1966 to 8 October 1967 in duty MOS 56C2O (aircraft fuel handler specialist) in Vietnam. f. Item 38, he was reassigned to the 372nd Transportation Company in November 1967 at Fort Riley, KS, in duty MOS 63B2O. He continued to serve in this MOS until he was released from active duty (REFRAD) on 18 March 1968. g. Item 38, he received all "excellent" conduct and efficiency ratings. h. Item 41 (Awards and Decorations), no entry for award of the Army Good Conduct Medal or any combat awards (personal decorations). 4. Special Orders Number 237 issued by 196th Light Infantry Brigade on 31 August 1967 awarded him primary MOS 63B2O and secondary MOS 76W2O. 5. He was honorably REFRAD on 18 March 1968 in the rank of SP4/E-4. He completed 1 year, 11 months, and 6 days of active service with no lost time. 6. His service record does not contain a commander's disqualification for the first award of the Army Good Conduct Medal. 7. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Overseas Service Bar, and Expert Marksmanship Qualification Badge with Rifle Bar. 8. His service record is void of orders awarding him any combat awards (personal decorations). 9. Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 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. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in Vietnam he participated in the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III campaigns. 11. 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 Soldier must have had all "excellent" conduct and efficiency ratings with no court-martial convictions. 12. Army Regulation 635-5 (Separation Processing and Documents) in effect at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version in effect at the time directed that the primary MOS code number and title would be entered in Item 23a of the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. Concerning award of the Army Good Conduct Medal, there are no commander’s disqualification statements, he was promoted to SP4/E-4, and he received all "excellent" conduct and efficiency ratings. His service record is void of evidence showing court-martial convictions. Thus, he meets the requirements for this award. 2. There is no evidence to support his contention that he received combat awards (personal decorations) for his service in Vietnam. 3. The applicant received the Vietnam Service Medal. During his service in Vietnam he participated in two campaigns. His record should be corrected to show two bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. The applicant served in Vietnam from 26 October 1966 through 10 October 1967 while assigned to HHC, 196th Light Infantry Brigade. DAGO Number 8, dated 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam. 5. The applicant's contention that he was an aircraft refueling specialist and he never worked on vehicles and never used a wrench is acknowledged. His DA Form 20 shows he served as an aircraft fuel handling specialist in duty MOS 56C during his assignment in Vietnam. 6. He was awarded primary MOS 63B and secondary MOS 76W. The regulation in effect at the time of his separation directed that the Soldier's primary MOS would be entered in item 23a of the DD Form 214. At the time of his REFRAD on 18 March 1968, he held and was serving in primary MOS 63B which is properly recorded on his DD Form 214. 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 him the Army Good Conduct Medal (1st Award) for the period 13 April 1966 through 18 March 1968; b. deleting the Vietnam Service Medal from his DD Form 214; and c. amending his DD Form 214 by adding award of the Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, and 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 correction of his DD Form 214 to show combat awards and to change his MOS to show his primary MOS as an aircraft fuel handling specialist. _______ _ 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) AR20150004166 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004166 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1