RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           24 May 2005
      DOCKET NUMBER:  AR20040008120


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret V. Thompson          |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 three separate applications, that his DD
Form     214 (Certificate of Release or Discharge from Active Duty) for the
period ending  30 November 1979 be corrected:

      1)  in item 11 (Primary Specialty Number, Title and Years and Months
in Specialty) to add 31542 Special Forces Qualified Infantry Officer, 3
years, 8 months and to change the entry for 35A to read 7 years and 5
months;

      2)  in item 2 (Department, Component and Branch) to change Military
Police (MP) to Military Intelligence (MI); and

      3)  in item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized (All periods of service)) to add the Bronze
Star Medal (BSM) with First Oak Leaf Cluster with "V" device, the
Meritorious Service Medal (MSM), the Army Commendation Medal (ARCOM) with
Second Oak Leaf Cluster, the Special Forces Tab, and the Republic of
Vietnam Gallantry Cross with Bronze Star.

2.  The applicant states that:

      1)  he served as an infantry officer from 20 March 1964 to 8 December
1967.  His DD Form 214 for the period ending 4 December 1969 cannot be
located and he needs documentation for 3 years and 8 months service as an
infantry officer for that period for a Department of Veterans Affairs (DVA)
claim regarding combat service in Vietnam;


      2)  his basic branch was changed to MI by the U. S. Army Reserve
Personnel Center in 1986.  The majority of his training and experience was
in MI and Special Forces (SF).  He only had one year actually working as an
MP officer; and


      3)  his last DD Form 214 should show all his awards and decorations.

3.  The applicant provides, with his first application, his DD Form 214 for
the period ending 30 November 1979 with two DD Forms 215 (Correction to DD
Form 214) dated 3 August 1983 and 20 June 1984; a letter dated 2 September
2004 from the National Personnel Records Center with a National Archives
Form 13038 (Certification of Military Service); orders dated 12 March 1964
assigning him to Headquarters, Special Warfare Center, Fort Bragg, NC;
orders dated        5 August 1965 assigning him to 3d Special Forces Group,
Fort Bragg, NC; his captain promotion orders; his 4 December 1969 discharge
certificate; his DA Form 66 (Officer Qualification Record); orders awarding
him the Special Forces Tab; and a letter of explanation dated 27 September
2004.

4.  The applicant also provides (with his second application), in addition
to the documents listed in paragraph 3 above, a DA Form 209 (Delay,
Referral, or Follow-up Notice) dated 26 August 1987; his Officer Record
Brief dated August 1978; and a teacher credential.

5.  The applicant also provides (with his third application), in addition
to the documents listed in paragraphs 3 and 4 above, a letter from the
National Personnel Records Center dated 13 September 2004; Meritorious
Service Medal orders; Gallantry Cross with Bronze Star orders; and a
newspaper article.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on    30 November 1979.  The application(s) submitted in this case are
dated September 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 limitations 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.  After having had prior enlisted service in the U. S. Marine Corps, U.
S. Naval Reserve, and Regular Army, the applicant was commissioned in the
U. S. Army Reserve and entered active duty on 20 March 1964.  He completed
Special Forces training in 1963 and the Special Forces Officers Course in
1964.  He was discharged from the U. S. Army Reserve on 4 December 1964 to
accept a commission in the Regular Army.

4.  The applicant was assigned to Company D, 5th SF Group, 1st SF in
Vietnam from on or about 3 April 1966 to on or about 1 March 1967 where he
performed [infantry] duties as the executive officer of Detachment A.

5.  On 8 December 1967, the applicant branch transferred from Infantry to
Ml.

6.  Headquarters, III Corps and Fort Hood General Orders Number 1999 dated
25 June 1969 awarded the applicant the ARCOM.  Headquarters, 101st Airborne
Division (Airmobile) General Orders Number 1831 dated 2 March 1971 awarded
him the ARCOM with First Oak Leaf Cluster.  Headquarters, 193d Infantry
Brigade (Canal Zone) Permanent Orders 42-29 dated 14 March 1977 awarded him
the ARCOM with Second Oak Leaf Cluster.

7.  Headquarters U. S. Army Vietnam General Orders Number 40 dated
    4 January 1967 awarded the applicant the BSM with "V" device.
Headquarters, U. S. Military Assistance Command, Vietnam dated 23 July 1971
awarded him the BSM with First Oak Leaf Cluster.

8.  Effective 6 September 1973, the applicant branch transferred from MI to
MP.

9.  Effective around May 1978, the applicant was awarded Tactical and
Strategic Intelligence, code 35, as a new alternate specialty.

10.  The applicant's ORB dated August 1978 shows his primary specialty as
law enforcement; his alternate specialty as tactical strategical
intelligence; his previously designated specialty1 as cryptology; and no
previously designated specialty2.  It shows he held additional specialties
of 35C00, 09300, 09301; 09110; 31542; 09666; and 02622.

11.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he
was awarded specialty 35A on 18 October 1968.

12.  The applicant was released from active duty on 30 November 1979
  and retired on 1 December 1979.  His DD Form 214 for the period ending
      30 November 1979 shows he was awarded the National Defense Service
Medal, the Republic of Vietnam Gallantry Cross with Bronze Star, the
Republic of Vietnam Campaign Medal, the Vietnam Service Medal with 4 bronze
service stars, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Joint Service Commendation Medal, the Good Conduct Medal, the
Combat Infantry Badge, the Senior Parachute Badge, the BSM with Second Oak
Leaf Cluster, and the ARCOM.

13.  Headquarters, 1st Infantry Division and Fort Riley Permanent Orders 3-
12 dated 4 January 1980 awarded the applicant the MSM.

14.  By DA Form 209 dated 26 August 1987, the U. S. Army Reserve Personnel
Center informed the applicant that his basic branch had been changed on
their database to MI.

15.  Headquarters, U. S. Army John F. Kennedy Special Warfare Center and
School, Fort Bragg, NC Permanent Orders 236-2 dated 23 August 2004 awarded
the applicant the Special Forces Tab effective 18 July 1964.

16.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

17.  Army Regulation 635-5 states, in pertinent parts, that a commissioned
officer's specialty skill identifier (two digits and one letter), title,
years, and months will be entered in item 11; that a commissioned officer's
career branch will be entered in item 2; and that item 13 is self-
explanatory.

DISCUSSION AND CONCLUSIONS:

1.  The Board understands the applicant's desire to have his DD Form 214
show he served as a Special Forces Qualified Infantry Officer for 3 years
and 8 months during his first tour of duty in Vietnam.  However, item 11 of
the DD Form 214 is a brief record of active Army service at the time of
release from active duty, retirement or discharge.

2.  It appears from the applicant's statement that he did not hold his
Special Forces/Infantry Officer specialty at the time he separated in
November 1979.  That appears to be confirmed by the fact his records still
show this specialty under the old designation (31542) rather than the new,
two digits and one letter specialty designation used at the time he
separated.  In addition, merely amending his DD Form 214 to show he held
that specialty would not identify to the DVA that he held that specialty
while he was in Vietnam.  However, this Record of Proceedings may be used
to serve as verification that he served as a Special Forces Qualified
Infantry Officer in Vietnam during the period April 1966 to March 1967.
The DVA should also recognize that he was awarded the Combat Infantryman
Badge.

3.  Item 11 of the applicant's DD Form 214 for the period ending 30
November 1979 shows he held specialty 35A for 11 years and 2 months.  The
available evidence of record shows he was awarded specialty 35A on 18
October 1968.  That is approximately 11 years and 2 months.

4.  Based on the above, there is insufficient evidence on which to correct
item    11 of the applicant's DD Form 214 for the period ending 30 November
1979.

5.  The evidence of record shows the applicant had been transferred from MI
to MP on 6 September 1973.  There is no evidence of record to show the
applicant was transferred back to MI.  Although he contends he only had one
year actually working as an MP officer, it appears that is the branch he
was in when he separated in November 1979.

6.  The applicant provided a DA Form 209 from the U. S. Army Reserve
Personnel Center informing him his basic branch had been changed on their
database to MI.  However, that form is dated 26 August 1987, almost 8 years
after he retired.  It cannot be determined what the U. S. Army Reserve
Personnel Center based that change on.  Therefore, there is insufficient
evidence on which to change item 2 of his DD Form 214 for the period ending
30 November 1979.

7.  The applicant's DD Form 214 for the period ending 30 November 1979
already shows the Republic of Vietnam Gallantry Cross with Bronze Star.  It
erroneously shows he was awarded the BSM with Second Oak Leaf Cluster
(whereas, as he requests, he was awarded the BSM with First Oak Leaf
Cluster with "V" device) and it erroneously shows he was awarded one ARCOM
(whereas, as he requests, he was awarded the ARCOM with Second Oak Leaf
Cluster).  It does not show he was awarded the MSM or the Special Forces
Tab. Orders for these two awards were issued after he retired.

8.  The applicant's DD Form 214 should be amended to show he was awarded
the BSM with First Oak Leaf Cluster with "V" device, the ARCOM with Second
Oak Leaf, the MSM, and the Special Forces Tab.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__mvt___  __jtm___  __lgh___  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 the DD Form 214 for the
period ending                   30 November 1979 of the individual
concerned be corrected by:

     a.  deleting the Bronze Star Medal Second Oak Leaf Cluster and the
Army Commendation Medal; and

     b.  adding the Bronze Star Medal with First Oak Leaf Cluster with "V"
device, the Army Commendation Medal with Second Oak Leaf, the Meritorious
Service Medal, and the Special Forces Tab.

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
amending items 2 and 11 of his DD Form 214 for the period ending 30
November 1979.




            _Margaret V. Thompson
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008120                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050524                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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