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ARMY | BCMR | CY2005 | 20050015876C070206
Original file (20050015876C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050015876


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William F. Crain              |     |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 the MOS (Military Occupational
Specialty), recorded on his DD Form 214, Armed Forces of the United
States, Report of Transfer or Discharge, be corrected and that the Korea
Defense Service Medal and the Meritorious Service Medal be added to his DD
Form 214.

2.  The applicant states, in effect, that he attended the communication
center specialist course (11 weeks) in 1963 and was awarded the MOS 723.10.
 This MOS was later changed to 72B.  On 10 October 1974, the MOS 72F and
72B were combined and he was awarded the MOS 72E.  He worked as a 72E until
Department of the Army reclassified him to the MOS 94B in May 1976.  Block
11 of his DD Form 214, with an effective date 31 January 1984, should list
the MOS 72E.  The time period shown should be either 12 years, 8 months, or
11 years, 4 months (subtracting the time he worked as a 36H).

3.  In support of his request, the applicant provides a copy of his DD Form
214, with end date 1 February 1970 and those four documents from his
personal records related to his MOS/classification history that are listed
on his DD Form 149, Application for Correction of Military Record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice that
occurred on 31 January 1984, the date he was placed on the Retired List.
The application submitted in this case is dated 3 October 2005 but was
received for processing on 4 November 2005.

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 military records show that he enlisted in the Regular
Army on 30 March 1963.  He served on active duty until 1 February 1970 when
he was honorably discharged.  After a break in service, the applicant again
enlisted in
the Regular Army on 27 November 1970.  He continued to serve until 31
January 1984 when he was honorably discharged in the rank of Staff Sergeant
and was placed on the Retired List.  On the date of his transfer to the
Retired List, the applicant had completed 20 years and 6 days active
military service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of the applicant's DD Form 214, shows he was
awarded:  the Bronze Star Medal; the Good Conduct Medal, with five bronze
loops; the National Defense Service Medal; the Army Service Ribbon, with
Numeral 5; the Vietnam Service Medal, with one silver and five bronze
service stars; the Republic of Vietnam Campaign Medal; the Noncommissioned
Officer Professional Development Ribbon, with Numeral 2; the Expert
Marksmanship Qualification Badge, with Rifle Bar; the Army Commendation
Medal; and the Army Achievement Medal, with one oak leaf cluster.

5.  The applicant was awarded the Meritorious Service Medal by Permanent
Orders 122-16, prepared by Headquarters, 2nd Armored Division, Fort Hood,
Texas, on 6 July 1984.  This award is not shown on the applicant's DD Form
214.

6.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel
Qualification Record, Part II, shows the applicant served a tour of duty
in Korea (from August 1964 through October 1965), four tours of duty in
Germany (10 May 1967 through December 1968; 5 December 1970 through 18
January 1972; 19 November 1972 through 3 February 1976; and from 9 July
1978 through 4 July 1981), and two tours of duty in Vietnam (12 January
1969 through January 1970 and 4 February 1972 through 14 November 1972).

7.  A record of the unit the applicant served with in Vietnam during his
first tour of duty is not available in the applicant's service personnel
records.  During his second tour of duty in Vietnam, the applicant served
with the 14th Signal Company, 37th Signal Battalion.  The applicant spent
a combined total of 21 months in Vietnam during his two tours of duty
there.

8.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the correct number of silver and bronze
service stars to which the applicant is entitled for his campaign
participation.

9.  While in Vietnam, the applicant participated in the following six
campaigns:  the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; the Tet 69 Counteroffensive,
which extended from
23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which
extended from 9 June through 31 October 1969; the Vietnam Winter-Spring
1970, which extended from 1 November 1969 through 30 April 1970; the
Consolidation II, which extended from 1 December 1971 through 29 March
1972; and the Vietnam Cease-Fire, which extended from 30 March 1972
through 28 January 1973.

10.  Item 11 (Primary Specialty Number and Years and Months in Specialty),
of the applicant's DD Form 214, shows the entry, "94B30, Food Service
Specialist, 7 yrs and 7 mos//36H30, Dial/Manual Central Office Repairer, 12
yrs and 8 mos//NOTHING FOLLOWS."

11.  The applicant was awarded primary MOS 72F (Data Communications
Terminal Specialist) and the secondary MOS 72B (Communication Center
Specialist) by Special Orders 185, paragraph 1, published by
Headquarters, Signal Service Battalion 4, Signal Service Group 4, on 10
October 1968.

12.  The copy of the DD Form 214, with end date 1 February 1970, the
applicant submitted in support of his request for correction of his MOS and
time served in the MOS, shows in Item 23a. (Specialty Number and Title)
that the applicant held the MOS 72F on his discharge date.

13.  The applicant was awarded secondary MOS 72B and additional MOS 36H
(Dial/Manual Central Officer Repairer) by Special Orders 123, paragraph 8,
published by Headquarters, US Army Strategic Communications Command-
Europe, on 19 June 1973.  The applicant's MOS 36H was withdrawn as a
secondary MOS.

14.  The applicant's primary MOS 72F was withdrawn and primary MOS 72E
(Tactical Telecommunications Center Operator) was awarded to him by
Special Orders 73, paragraph 58, published by Headquarters, 5th Signal
Command, on 10 October 1974.

15.  The applicant's additional MOS 36H was withdrawn and he was awarded
this MOS as a secondary MOS, by Special Orders 93, paragraph 19, published
by Headquarters, 5th Signal Command, on 11 November 1974.

16.  The applicant was promoted to the rank and pay grade, Staff Sergeant,
E-6, effective 1 May 1979, with a date of rank of 13 April 1979, by Orders
120-61, 569th Personnel Service Company, dated 30 April 1979.  He was
promoted in and was awarded the primary MOS 94B (Cook).  The MOS 36H was
designated his secondary MOS.

17.  There is no evidence the applicant held the MOS 36H as his primary
MOS.  The evidence shows the applicant held this MOS as a secondary and as
an additional MOS while he served in the Army.

18.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows the unit the applicant was assigned to, the 14th
Signal Company, 37th Signal Battalion, a subordinate unit of the United
States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 20 July 1965 through 28 March
1973, by Department of the Army General Order (DAGO) Number 8, dated 1974.
This unit award is not shown on his DD Form 214.

19.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in its Appendix B and states that authorized bronze service stars will be
worn on the appropriate service medal, in this case, the Vietnam Service
Medal.  The regulation further provides that one silver service star will
be worn in lieu of five bronze service stars.

20.  AR 670-1, in effect at the time, governed the requirements for the
overseas service bar.  In pertinent part, it provided that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States.
One overseas service bar is authorized for each six-month period served
in the Republic of Vietnam.  To calculate the entitlement, both the month
of arrival and month of departure are counted as a whole month no matter
the number of days in that month that were spent in the hostile fire
zone.

21.  AR 635-5 prescribes the separation documents that are prepared for
individuals upon retirement, discharge, or release from active military
service or control of the Army.  Chapter 2, Section II, of this regulation
provides instructions for the preparation of the DD Form 214.  Table 2-1,
AR 635-5 states that for Item 11 (Primary Specialty Number and Years and
Months in Specialty), "enter the MOS codes, titles, years, and months for
warrant officers and enlisted personnel. For commissioned officers, enter
the specialty skill identifier (SSI) (two digits and one letter), title,
years, and months."
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Meritorious Service
Medal.  This award is not shown on his DD Form 214, with an effective date
of 31 January 1984.  He is entitled to have this award added to his DD Form
214.

2.  The evidence shows the applicant served a tour of duty in the Republic
of Korea.  He is therefore entitled to award of the Korea Defense Service
Medal and to have it added to his DD Form 214.

3.  The applicant participated in six campaigns during his tours of duty in
Vietnam.  He is therefore entitled to award of the Vietnam Service Medal,
with one silver service star and one bronze service star, as opposed to the
incorrectly shown Vietnam Service Medal, with one silver service star and
five bronze service stars, now shown on his DD Form 214.

4.  While in Vietnam, the applicant served with a unit at the time it was
cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  He is therefore entitled to this unit award and to have it added
to his DD Form 214.

5.  The evidence shows the applicant returned to active duty in the Regular
Army on 1 February 1970.  He was awarded the primary MOS 72F on his return.
 On 11 October 1974, his primary MOS, 72F was converted to the MOS 72E.  He
held this MOS as his primary MOS until 1 May 1979 when he was promoted to
staff sergeant and was reclassified to the primary MOS 94B30.  The
applicant held the MOS as his primary MOS on his discharge for the purpose
of retirement.

6.  The evidence shows the applicant held the MOS 72E (which includes the
time spent in the MOS 72F, prior to conversion), as primary MOS, for 9
years and 3 months and held the MOS 94B as primary MOS for 4 years and 9
months.  There is no evidence the applicant held the MOS 36H as a primary
MOS.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___T____  ___WDP_  _WFC __  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:

      a.  deleting the Vietnam Service Medal, with one silver service star
and five bronze service stars, from the applicant's DD Form 214;

      b.  awarding the applicant the Vietnam Service Medal, with one silver
and one bronze service star; the Korea Defense Service Medal; and three
overseas service bars; and, adding these awards to the applicant's DD Form
214;

      c.  adding the already-awarded Meritorious Service Medal to the
applicant's DD Form 214;

      d.  deleting the entry, "94B30, Food Service Specialist, 7 yrs and 7
mos // 36H30, Dial/Manual Central Office Repairer, 12 yrs and 8 mos //
NOTHING FOLLOWS" from Item 11, of the applicant's DD Form 214; and

      e.  adding the entry, "94B30, Food Service Specialist, 4 yrs and 9 mos
// 72E30, Tactical Telecommunications Center Operator, 9 yrs and 3 mos //
NOTHING FOLLOWS" to Item 11, of the applicant's DD Form 214.

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
the applicant's request to correct his DD Form 214 to show he held the MOS
72E as his primary MOS for in excess of the 9 years and 3 months supported
by the evidence.




                            ____William D. Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015876                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.   46  |107.0000                                |
|2.   63                 |107.0017                                |
|3.                      |Add KDSM                                |
|4.   1021               |100.0000                                |
|5.   6 MOS              |100.0500                                |
|6.                      |                                        |


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