RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           3 February 2005
      DOCKET NUMBER:  AR20040000378


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Larry J. Olson                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that administrative errors in the
following items of his separation document (DD Form 214) be corrected:
Item 5a (Grade, Rate or Rank), Item 5b (Pay Grade), Item 6 (Date of Rank),
Item 8 (Place of Birth), Item 23a (Specialty Number & Title) and Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized); and that he be awarded the Combat Infantryman Badge
(CIB).

2.  The applicant states, in effect, that the information in question was
not properly entered on his DD Form 214 at the time of his separation.

3.  The applicant provides the following documents in support of his
application: DD Form 214, Two Air Medal (AM) Citations, Military
Occupational Specialty (MOS) Orders, Two Heroism Army Commendation Medal
(ARCOM) Orders, Bronze Star Medal (BSM) Orders, DA Form 1577 (Authorization
for Issuance of Awards), and Separation Document Correction (DD Form 215).


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 17 July 1971.  The application submitted in this case is
dated
12 April 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that he was inducted into the Army and
entered active duty on 6 August 1969.  He was initially trained in and
awarded MOS 11E (Armor Crewman).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 16 January through
27 October 1970.  During his RVN tour, he was assigned to C Troop, 1st
Squadron, 9th Cavalry Regiment, 1st Cavalry Division.

5.  During his RVN tour, the applicant was assigned to perform duties in
MOS 11E as an armor crewman through 31 May 1970.  On 1 June 1970, he was
awarded MOS 64B (Heavy Vehicle Driver) and performed duties in that MOS
until he departed from the RVN.

6.  On 10 October 1970, the applicant was wounded in action in the RVN,
which resulted in his being medically evacuated to Letterman General
Hospital,
San Francisco, California.

7.  Item 33 (Appointments and Reductions) of the applicant’s DA Form 20
shows he was promoted to specialist five/E-5 (SP5/E-5) on 9 June 1971.
Item 41 (Awards and Decorations) shows that during his active duty tenure,
he earned the National Defense Service Medal (NDSM), Vietnam Service Medal
(VSM), Purple Heart (PH), AM, ARCOM with Valor (“V”) Device, RVN Campaign
Medal with Device 60 and Expert Qualification Badge with Rifle Bar.

8.  Item 38 of the applicant’s DA Form 20 shows that he received
“Excellent” conduct and efficiency ratings at each of his active duty
assignments.  His Military Personnel Records Jacket (MPRJ) is void of any
derogatory information or unit commander disqualification that would have
precluded him from receiving the Army Good Conduct Medal (AGCM).

9.  The applicant’s MPRJ does contain a copy of General Orders (GO) Number
20726, dated 29 November 1970, issued by Headquarters, 1st Cavalry Division
(Airmobile), RVN.  These orders awarded the applicant the BSM, for
meritorious service during the period January 1970 through January 1971.

10.  The applicant’s MPRJ also contains a copy of Headquarters, 1st Cavalry
Division (Airmobile) GO Number 18587, dated 23 October 1970, which awarded
the applicant the ARCOM with “V” Device, for heroism on 19 October 1970;
and a copy of Headquarters, 1st Cavalry Division (Airmobile) GO Number 535,
dated 11 January 1971, which awarded him the ARCOM with “V” Device First
Oak Leaf Cluster, for heroism on 12 and 13 September 1970.

11.  The MPRJ also contains a copy of Headquarters, 1st Cavalry Division
(Airmobile) GO Number 11366, dated 29 June 1970, which awarded the
applicant the AM, for meritorious achievement while participating in aerial
flight during the period January through June 1970.

12.  The MPRJ includes a copy of Special Orders Number 151, dated
20 July 1971, issued by Letterman General Hospital, which authorized this
promotion to SP5/E-5.  These orders also indicated he was awarded and
promoted in MOS 11F and that MOS 64B was withdrawn.

13.  On 15 July 1971, the applicant was honorably discharged, by reason of
physical disability.  The DD Form 214 he was issued at the time shows he
completed a total of 1 year, 11 months and 10 days of active military
service and that he held the rank and pay grade of specialist four/E-4
(SP4/E4) on the date of his discharge.

14.  Item 8 of the applicant’s DD Form 214 contains the entry “Quantiko,
Virginia”, Item 23a contains the entry “64B20 HvyVehicleDriver” and Item 24
lists the following awards:  NDSM, VSM, AM, ARCOM with “V” Device, PH, RVN
Campaign Medal with Device 60, 1 Overseas Bar, Vietnam Winter-Spring 1970
and Expert Qualification Badge with Rifle Bar.

15.  On 23 March 1974, a DD Form 215 was issued by The Adjutant General.
This document corrected the applicant’s 15 July 1971 DD Form 214 by
amending Item 5a to read SP5, Item 5b to read E-5 and Item 6 to read 9 June
1971.

16.  The applicant provides two AM Citations that indicate he was awarded
the AM, for meritorious achievement.  The first shows he earned the AM for
achievement during the period January through June 1970, which was awarded
in GO Number 11366 and documented in Item 41 of the DA Form 20.  The second
AM Citation submitted by the applicant is for achievement during the period
16 January through 19 October 1970; however, there are no orders on file in
the MPRJ or a DA Form 20 record entry verifying this award.

17.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 3-15 contains guidance on award of the AM.  It states,
in pertinent part, that it may be awarded to recognize single acts of merit
or heroism, or for meritorious service.  It further states that awards for
meritorious service may be made for sustained distinction in the
performance of duties involving regular and frequent participation in
aerial flight for a period of at least
6 months.  In this regard, accumulation of a specified number of hours and
missions will not serve as the basis for award of the AM.

18.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each campaign a member is
credited with participating in while serving in the RVN.
19.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the GCM, disqualification must be
justified.

20.  Chapter 8 of the award regulations contains guidance on award of
combat badges.  It states, in pertinent part, that the CIB is awarded to
infantry officers and to enlisted and warrant officer personnel who have an
infantry MOS.  They must have served in active ground combat while assigned
or attached to an infantry unit of brigade, regimental or smaller size.
The Awards Branch of the Human Resources Command (HRC) has advised, in
similar cases, that during the Vietnam era the CIB was awarded only to
enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.


21.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (1st Squadron, 9th Cavalry
Regiment) received the Valorous Unit Award and RVN Gallantry Cross with
Palm Unit Citation.  This publication further confirms that during his
tenure of assignment in the RVN, he was credited with participating in
Vietnam Winter-Spring 1970, Sanctuary Counteroffensive and Vietnam
Counteroffensive Phase VII campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that there are administrative errors in his DD
Form 214 that should be corrected was carefully considered and found to
have partial merit.  However, while the initial DD Form 214 entries in
Items 5a, 5b and 6 related to the applicant’s rank and pay grade were in
error, these entries were corrected in the DD Form 215 issued by The
Adjutant General on 23 March 1974.  As a result, no further correction to
these items is necessary.

2.  It is clear that the city/town portion of the Item 8 entry on the
applicant’s
DD Form 214 was misspelled.  Therefore, it would be appropriate to delete
the current portion of the Item 8 entry that reads “Quantko” and to replace
it with the entry “Quantico”.

3.  The applicant’s MPRJ contains a copy of Headquarters, 1st Cavalry
Division (Airmobile) GO Number 20726, dated 29 November 1970, which awarded
him the BSM, for meritorious service during the period January 1970 through
January 1971.  It also contains a copy of GO Number 535, dated 11 January
1971, which awarded him the ARCOM with “V” Device First Oak Leaf Cluster,
for heroism on 12 and 13 September 1970.  Therefore, it would be
appropriate to add these awards to list of authorized awards contained in
Item 24 of his DD Form 214.

4.  The record further shows that the applicant was promoted to the rank
and pay grade of SP5/E-5 and awarded MOS 11F (Infantry
Intelligence/Operations Specialist) prior to his discharge.  Therefore, it
would be appropriate to delete the current entry in Item 21 of the
applicant’s DD Form 214 and replace it with the entry “11F20 Infantry
Intelligence/Operations Specialist.”

5.  The evidence of record also shows that based on his RVN service and
campaign participation, the applicant is entitled to the Valorous Unit
Award, RVN Gallantry Cross with Palm Unit Citation and 3 bronze service
stars with his VSM.

6.  The applicant's record also confirms that he received "Excellent"
conduct and
efficiency ratings at each of his active duty assignments.  Further, the
record is void of any derogatory information or a specific disqualification
by any of the active duty unit commanders for whom he served.  As a result,
it would be appropriate to award him the first award of the AGCM, for his
qualifying period of honorable active duty service from 6 August 1969
through 15 July 1971.

7.  Although the applicant has provided two AM Citations, the evidence of
record corroborates only one award of the AM, as evidenced by the entry in
Item 41 of his DA Form 20 and Headquarters, 1st Cavalry Division
(Airmobile) GO Number 11366 on file in his MPRJ.  Given the period outlined
on the second citation provided by the applicant overlaps the period of his
first AM and lacking any evidence of record to corroborate his entitlement
to a second award of AM, there is an insufficient evidentiary basis to
support adding a second award of the AM to the list of awards contained on
his DD Form 214 at this time.

8.  The applicant’s claim of entitlement to the CIB was also carefully
considered.  However, by regulation, in order to qualify for the CIB, in
addition to serving in combat with a qualifying unit, an enlisted soldier
must have held an infantry MOS, which according to Army HRC awards
officials included MOS 11B, 11C, 11F, 11G AND 11H.  MOS 11E was not
considered an infantry MOS for CIB purposes during the Vietnam era.
9.  The evidence of record shows that while serving in the RVN, the
applicant held and served in MOS 11E, performing duties as an armor crewman
and in MOS 64B, performing duties as a truck driver.  As a result, he did
not serve in a qualifying infantry MOS and although his RVN combat service
was meritorious, the regulatory criteria necessary to support award of the
CIB has not been satisfied in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___MHM_  ___LJO_  ___LMB__  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding him the
awarding him the Army Good Conduct Medal, and by amending his DD Form 214
as follows:

      a.  amending Item 8 (Place of Birth) by deleting the current portion
of the entry that reads “Quantko” and replacing it with the entry
“Quantico”;


      b.  amending Item 21 (Specialty Number and Title) by deleting the
current entry and replacing it with the entry “11F20, Infantry
Intelligence/Operations Specialist)”;


      c.  amending Item 24 by deleting the Vietnam Service Medal portion of
the entry and replacing it with the Vietnam Service Medal with 3 bronze
service stars and by adding the Bronze Star Medal, Army Commendation Medal
with “V” Device First Oak Leaf Cluster, Army Good Conduct Medal, Republic
of Vietnam Gallantry Cross with Palm Unit Citation, and Valorous Unit
Award; and


      d.  providing him a corrected separation document that reflects these
changes.

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
award of the Combat Infantryman Badge and the addition of a second award of
the Air Medal to his record and separation document.




            ____Melvin H. Meyer   __
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040000378                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/07/15                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability Retirement                   |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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