IN THE CASE OF: BOARD DATE: 28 January 2016 DOCKET NUMBER: AR20150006211 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, in effect: a. award of the Driver and Mechanic Badge with Driver-W Bar; b. correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Driver and Mechanic Badge with Driver-W Bar and he is authorized the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation; c. correction of his DD Form 214 to remove the Republic of Vietnam Gallantry Cross With Palm Unit Citation; and d. administrative correction of the Record of Proceedings in ABCMR Docket Number AR20140010109, dated 15 February 2015, to show he attended Basic Combat Training at Fort Bragg, North Carolina versus Fort Polk, Louisiana. 2. The applicant states, in effect, page 36 of DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class, not the Republic of Vietnam Gallantry Cross with Palm Unit Citation as stated in ABCMR Docket Number AR20140010109. Additionally, he meets the criteria for award of the Driver and Mechanic Badge with Driver-W Bar and wishes to be considered for this badge. 3. The applicant provides a self-authored statement and a DA Form 348 (Equipment Operators Qualification Record (Except Aircraft)). 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 7 July 1966. 3. His DA Form 20 (Enlisted Qualification Record) shows he went through the U.S Army Reception Station at Fort Polk, Louisiana and was subsequently transferred to Fort Bragg, North Carolina where he attended basic combat training. After completing advanced individual training, he was awarded military occupational specialty (MOS) 62A (Engineer Equipment Assistant). Additionally: a. He served in Vietnam from 11 February 1967 to 16 February 1968 and was assigned to Company B, 46th Engineer Battalion (Construction) from 15 February 1967 to 8 February 1968. Additionally, he served as a light truck driver from 1 July 1967 until 8 February 1968 and appears to have been awarded MOS 64B (Heavy Vehicle Driver) on 17 October 1967. b. He served in Germany from 15 March 1968 to 16 June 1969 and was assigned to Company B, 3rd Supply and Transportation Battalion from 18 March 1968 to on or around 16 June 1969. During the period of this assignment, he served as a light and heavy truck driver. 4. He provides a DA Form 348, dated 5 April 1968, which shows on 3 April 1968, he qualified as a driver on the: Truck Cargo (M37E1); Truck Cargo (M35A2); and Truck Utility (M151). This form indicates he passed a driving test and met the training criteria for each of these vehicles. 5. His DD Form 214 and subsequently issued DD Form 215 (Correction to DD Form 214), dated 30 June 1970, show he was honorably released from active duty on 6 July 1969. a. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) b. Item 30 (Remarks) does not show his foreign service in the Republic of Vietnam. 6. ABCMR Docket Number AR20140010109, dated 12 February 2015, states in: a. Consideration of Evidence: (1) paragraph 2: "…he completed basic training at Fort Polk, Louisiana…" (2) paragraph 7: "Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)… shows the applicant's unit was cited for award of the Meritorious Unit Commendation…and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit." b. Discussion and Conclusions, paragraph 4: "…the applicant's unit was cited for award of the [Meritorious Unit Commendation] and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and he is entitled to have those awards added to his DD Form 214." 7. As a result of ABCMR Docket Number AR20140010109, he was issued a second DD Form 215, dated 19 March 2015. This DD Form 215 directed the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to item 24 of his DD Form 214. 8. 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: a. Headquarters, United States Army Vietnam and its subordinate units [including the applicant's unit] were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army General Order (DAGO) Number 8, dated 1974. b. The 48th Engineer Battalion was cited for award of the: (1) Meritorious Unit Commendation for the periods: * 1 May 1966 to 30 April 1967, by DAGO Number 17, dated 1968 * 1 May 1967 to 31 October 1967, by DAGO number 48, dated 1968 (2) Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 to 9 February 1970, by DAGO Number 43, dated 1970. 9. Army Regulation 600-8-22 (Military Awards) states 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. Commanders of brigades, regiments, separate battalions, and any commander in the rank of O–5 or higher may approve award of the Driver and Mechanic Badge. Component bars are authorized only for the following types of vehicles and/or qualifications: (1) Driver-W (for wheeled vehicles); (2) Driver-T (for tracked vehicles); (3) Driver-M (for motorcycles); (4) Driver-A (for amphibious vehicles); (5) Mechanic (for automotive or allied vehicles); and (6) Operator-S (for special mechanical equipment). The eligibility requirements for drivers require that a Soldier must qualify for and possess a current OF 346 (U.S. Government Motor Vehicles Operator’s Identification Card), 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 accidents or traffic violations recorded on his or her DA Form 348–1 (Equipment Operator’s Qualification Record (Except Aircraft) continuation sheet); or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner. 10. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions specified for: a. Item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the individual's DA Form 20, omitting authorities cited therein; and b. Item 30, indicate Indochina and Korea service performed on or after 5 August 1964 by entering the inclusive dates of service for Vietnam and indicating "Yes" or "No" for the service in Indochina and Korea. Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "Yes" for Indochina. For example, service in Vietnam should be shown as "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No." DISCUSSION AND CONCLUSIONS: 1. ABCMR Docket Number AR20140010109 incorrectly indicated the applicant completed BCT at Fort Polk, Louisiana. However, this record of proceedings has corrected this error by properly indicating he completed basic training at Fort Bragg, North Carolina. This record of proceedings may serve as a means of correcting this oversight with its inclusion into his military record. 2. The evidence of record shows the 48th Engineer Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award was properly annotated on his DD Form 215. 3. The evidence of record shows the 48th Engineer Battalion was cited for two awards of the Meritorious Unit Commendation for periods coinciding with his assignment to the unit; however, only one award of the Meritorious Unit Commendation was annotated on a DD Form 215. 4. The evidence of record shows the 48th Engineer Battalion was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for a period coinciding with his assignment to the unit; however, this award was not annotated on his DD Form 214 or either of his DD Forms 215. 5. Army Regulation 600-8-22 indicates there are three basic qualifications for the Driver and Mechanic Badge (the Driver-W Bar for is wheeled vehicles): a Soldier must qualify for and possess a current OF 346; 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, or performed satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner; and there must have been no Government motor vehicle accidents or traffic violations recorded on his or her DA Form 348–1 . a. The applicant provided a DA Form 348, which shows he took and passed a driving test and met the training criteria and qualified as a driver on several vehicle types. This form indicates the testing occurred on 3 April 1968 but does not indicate whether or not he was issued an OF 346. Additionally, he has not provided and his record does not contain an OF 346. b. The applicant was assigned as a light truck driver for a little over a year. As such, it appears he met the length of assignment criterion. c. His record does not contain and he has not provided a DA Form 348-1. There is no evidence and he has not provided any evidence to show whether or not he completed his tenure as a driver without a motor vehicle accident or traffic violation. d. His commander did not award him the Driver and Mechanic Badge with Driver-W Bar. Further, at this time the evidence of record can only prove he met one of the three criteria necessary for award of this badge. 6. His record confirms he served in the Republic of Vietnam from 11 February 1967 to 16 February 1968; however, item 30 of his DD Form 214 does not list this period of foreign service. 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. revoking/voiding the current DD Form 214 and previously issued DD forms 215, dated 30 June 1970 and 19 April 2015; b. issuing him a new DD Form 214, containing the following corrections/ entries in: (1) item 17c (Date of Entry), enter the date: 7 July 1966; (2) item 22c (Foreign and/or Sea Service), enter: 2 years, 3 months, 2 days; (3) item 24, enter the following awards and decorations: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (4) item 30, enter the statement, "Vietnam – 11 February 1967 to 16 February 1968, Indochina – Yes, Korea – No." 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 removing the Republic of Vietnam Gallantry Cross with Palm Unit Citation from his DD Form 214 and awarding him the Driver and Mechanic Badge with Driver-W Bar. _______ _ _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) AR20150006211 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006211 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1