RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060011000 


	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. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr.

Chairperson

Mr. William F. Crain

Member

Mr. Dale E. DeBruler

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 correction of his records to show award of the Pathfinder Badge, Air Medal, and the Combat Infantryman Badge.  The applicant further request that his records be corrected to show that he was serving in the military occupational specialty (MOS) 11B40 (Pathfinder) at the time of his transfer to the United States Army Reserve (USAR).

2.  The applicant states that he became aware of the errors when he requested a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge).

3.  The applicant provides a copy of his DD Form 214; Headquarters, 1st Cavalry Division, Special Orders Number 206, dated 25 July 1966; Headquarters, United States Army Vietnam, Special Orders Number 61, dated 2 March 1967; and Headquarters,1st Cavalry Division, Special Orders Number 1144, dated 19 March 1967 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 30 October 1968, the date of his transfer to the USAR.  The application submitted in this case is dated 24 July 2006.

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.  Records show that the applicant enlisted in the Regular Army on 27 October 1965.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B10 (Light Weapons Infantry).  

4.  Records show that he was assigned to Headquarters and Headquarters Company, 11 Aviation Group, 1st Air Cavalry Division.  Records further show that the applicant served in the Republic of Vietnam during the period 26 May 1966 through 28 May 1967.
5.  The applicant's DD Form 214 does not show award of the Combat Infantryman Badge, the Air Medal or the Pathfinder Badge.

6.  Headquarters, 1st Cavalry Division, Special Orders Number 206, dated 25 July 1966; awarded the applicant the Combat Infantryman Badge.

7.  Headquarters,1st Cavalry Division, Special Orders Number 1144, dated 19 March 1967, awarded the applicant the Air Medal for the period 1 June 1966 to 1 March 1967.

8.  Headquarters, United States Army Vietnam, Special Orders Number 61, dated 2 March 1967, awarded the applicant the Pathfinder Badge.

9.  Headquarters,1st Cavalry Division, Special Orders Number 77, dated 18 March 1967, shows that the applicant was awarded the MOS 11B4P (Pathfinder) and the MOS 11B1P (Light Weapons Infantryman) was withdrawn.

10.  Headquarters, Special Troops, US Garrison, Special Orders Number 179, dated 8 September 1967, shows that the applicant was awarded the MOSs  11B2P and 95B20 and the MOS 11B4P was withdrawn.

11.  Headquarters, 2D Basic Combat Training Brigade, US Army Training Center, Special Orders Number 234, dated 20 November 1967, shows that the applicant was awarded the MOSs 11B4P and 95B40 and the MOSs 11B2P and 95B20 were withdrawn.

12.  The applicant's separation document shows that at the time of his separation he held the MOS 11B40 (Light Weapons Infantryman)

13.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

15.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive and Vietnam Counteroffensive Phase II during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Pathfinder Badge, Air Medal, and the Combat Infantryman Badge was carefully considered and determined to have merit.  Orders show that he was awarded the Pathfinder Badge, Air Medal, and the Combat Infantryman Badge, therefore, he is entitled to correction of his records to show these awards.

2.  Orders also show that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, therefore he is entitled to correction of his records to show this award.

3.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the previously awarded  Vietnam Service Medal.

4.  The applicant's contention that the MOS shown on his DD Form 214 is incorrect was also carefully considered and determined to be without merit.  The applicant's orders show that at the time of his transfer to the USAR he held the MOS 11B40 (Light Weapons Infantryman).  There is no evidence in the available records and the applicant has not submitted sufficient evidence which shows that he was not in that MOS at the time of his discharge.  Therefore, there is not basis to grant the relief requested.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 October 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 October 1971.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__DED__  __WFC__  _HOF ___ 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 showing award of the Pathfinder Badge, Air Medal, and the Combat Infantryman Badge .

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 amendment of the military occupational specialty on his separation document.  




___Hubert O. Fry, Jr.______
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.