BOARD DATE: 25 July 2018 DOCKET NUMBER: AR20160016353 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 25 July 2018 DOCKET NUMBER: AR20160016353 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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); b. deleting from his DD Form 214 the Vietnam Service Medal; and c. adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Driver and Mechanic Badge with Mechanic Bar 2. The Board further determined 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 the Combat Infantryman Badge and Driver and Mechanic Badge with Driver-W, Driver-T, and Operator-S Bars. . _______________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. BOARD DATE: 25 July 2018 DOCKET NUMBER: AR20160016353 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 award of the Combat Infantryman Badge (CIB), Valorous Unit Award (VAU) and Driver and Mechanic Badge with Driver-W, Driver-T, Operator-S and Mechanic Bars. 2. The applicant states, in effect, the Valorous Unit Award was awarded to the unit he was attached to in the Republic of Vietnam, the 551st Light Maintenance Company, for the period 31 January to 5 February 1968. He had several military occupational specialties (MOS) throughout his Army service and he has been rated 70 percent disabled for post-traumatic stress disorder and hearing loss due to his tour in Vietnam. Based on the award of the Valorous Unit Award, he feels he is entitled to the Combat Infantryman Badge as well as the Driver and Mechanic Badge with Driver-W, Driver-T, Operator-S and Mechanic Bars due to his military education, training, and licenses. 3. The applicant provides: * General Orders Number 186 * a letter * 2-page proposed citation * DA Form 20 (Enlisted Qualification Record) * DD Form 214 * 2 Standard Forms (SF) 46 (U.S. Government Motor Vehicle Operator's Identification Card) * 1 page of Wikipedia information 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 11 October 1966. He completed training and he was awarded MOS 63B (Wheel Vehicle Mechanic). 3. He served in the Republic of Vietnam for the period 4 June 1967 to 2 June 1968. He served with the 140th Heavy Equipment Maintenance Company for the period 6 to 12 June 1967 and with the 551st Light Maintenance Company for the period 13 June 1967 to 2 June 1968. 3. Item 38 of his DA Form 20 shows he served in duty MOS 63 primarily as a wheel vehicle mechanic throughout his service. This form further shows he received all "excellent" conduct and efficiency ratings throughout his service. His record does not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the initial award of the Army Good Conduct Medal for the period 11 October 1966 through 17 July 1969. 4. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show award of the Driver and Mechanic Badge. 5. A thorough review of the applicant’s record shows no indication that he was either recommended for or awarded the Driver and Mechanic Badge and his record does not contain his Equipment Operator's Qualification Record. 6. On 17 July 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) after completing 2 years, 9 months, and 7 days of total active service and 11 months and 29 days of foreign service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * 2 Overseas Service Bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. The applicant provides copies of his SFs 46 which shows he was licensed to operate various vehicles from 27 March 1968 to 17 September 1971. However, his records do not contain evidence the applicant was 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 operator’s qualification record and performed satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner. REFERENCES: 1. 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 the 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) states: a. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January – 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April – 30 June 1968) b. There are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. c. Award of the Driver and Mechanic Badge and component bars are authorized for Driver-W (for wheeled vehicles); Driver-T (for tracked vehicles); Driver-M (for motorcycles); Driver-A (for amphibious vehicles); Mechanic (for automotive or allied vehicles); and Operator-S (for special mechanical equipment). The eligibility requirements for drivers require that a Soldier must (qualify for and possess a U.S. Government Motor Vehicles Operator's Identification Card issued as prescribed by appropriate regulations, and 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/her qualification record or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner. The eligibility requirements for mechanics require that a Soldier must pass aptitude tests and 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 be an active automotive or engineer mechanic instructor, and if required to drive an Army motor vehicle in connection with automotive mechanic or automotive mechanic instructor duties, qualify for motor vehicle operators permit as prescribed above, and perform duty which includes driving motor vehicles for a minimum of 6 consecutive months, and have no Army motor vehicle accidents or traffic violations recorded on his or her DA Form 348 (Equipment Operator’s Qualification Record (Except Aircraft)). The eligibility requirements for operators of special mechanical equipment require that a Soldier or civilian whose primary duty involves operation of Army materials handling or other mechanical equipment must have completed 12 consecutive months or 500 hours of operation, whichever comes later, without accident or written reprimand as the result of his or her operation, and his or her operating performance must have been adequate in all respects. Permanent awards of badges will be announced in orders by commanders authorized to make the award or by Headquarters, Department of the Army. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to the 551st Light Maintenance Company, his unit was cited for award of the: a. Valorous Unit Award, for the period 31 January through 5 February 1968 by Department of the Army General Orders (DAGO) Number 28, dated 1969, amended DAGO Number 12, dated 1969; and b. Paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 contains guidance on the burden of proof. It states that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The evidence of record confirms he served honorably during the period 11 October 1966 through 17 July 1969. His record does not contain a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). As such, it appears he meets the regulatory criteria for award of the Army Good Conduct Medal (1st Award). 2. In order to qualify for award of the CIB there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. The available evidence does not show that he met any of the required criteria for award of the CIB. 3. The record shows the applicant participated in three campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect any bronze service stars to indicate his campaign participation. 4. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a VUA during his period of assignment. 5. A thorough review of the applicant's record shows no indication that he was either recommended for or awarded the Driver and Mechanic Badge with Driver-W, Driver-T, Operator-S and Mechanic Bars. Further, his record does not contain his Equipment Operator's Qualification Record. The permanent award of the Driver and Mechanic Badge must be announced in orders by commanders authorized to make the award by Headquarters, Department of the Army. While it appears he meets the qualification for award of the Driver and Mechanic Badge with Mechanic Bar based on his military education and duty assignments, it is not apparent that he fulfilled all of the requirements for award of component bars Driver-W, Driver-T and Operator-S while serving on active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016353 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016353 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2