RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060012406 


	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.



	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, correction of his DD Form 214 (Certificate of Release or Discharge From Active Duty) that was issued at the time of his retirement on 30 June 1984 to show he served in military occupational specialty (MOS) 11B (Infantryman) for approximately 11 years, and MOS 76Y (Unit Supply Specialist) for approximately 9 years.  He also requests that this DD Form 214 be corrected to show the award of the Combat Infantryman Badge

2.  The applicant essentially states that someone made a mistake when his 
DD Form 214 that was issued at the time of his retirement was prepared, and that he was an Infantryman who earned the Combat Infantryman Badge.   

3.  The applicant provides his DD Form 214 that was issued at the time of his retirement in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
30 June 1984, the date of his retirement from the Regular Army.  The application submitted in this case is dated 21 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.  Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) [Additional Specialty Numbers and Titles Involving Periods of One or More Years]) of the applicant’s DD Form 214 that was issued at the time of his retirement essentially shows that he served in MOS 76Y for 9 years and 
10 months, and MOS 91S (Environmental Health Specialist) for 9 years and 
10 months.  However, documents in the applicant’s clearly show that he initially enlisted in the Regular Army for MOS 11B.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) also shows that after he completed basic and advanced individual training and was awarded MOS 11B, he served in MOS 11B from 16 December 1964 to 15 May 1973, or 
8 years and 5 months.
4.  The applicant requested that his DD Form 214 that was issued at the time of his retirement be corrected to show that he served in MOS 76Y for approximately 9 years.  However, this DD Form 214 already shows that he served in MOS 76Y for 9 years and 10 months.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 that was issued at the time of his retirement does not show that he was awarded the Combat Infantryman Badge.  However, his DD Form 214 that was issued in conjunction with his discharge on 19 April 1967 and his immediate reenlistment on 20 April 1967 shows that he was awarded the Combat Infantryman Badge.  

6.  During a review of the applicant’s records, it was determined that he is entitled to two bronze service stars to be affixed to his already awarded Vietnam Service Medal.  The applicant’s records show that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tour in Vietnam, the applicant participated in the Vietnam Counteroffensive campaign and the Vietnam Counteroffensive Phase II campaign.

7.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that entries on a DD Form 214 for decorations, medals, badges, citations, and campaign ribbons awarded or authorized will be for all periods of service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 that was issued at the time of his retirement on 30 June 1984 should be corrected to show he served in MOS 11B for approximately 11 years, and MOS 76Y for approximately 9 years.  He also contends that this DD Form 214 should be corrected to show the award of the Combat Infantryman Badge

2.  Although the applicant requested that his DD Form 214 that was issued at the time of his retirement be corrected to show that he served in MOS 11B for 


approximately 11 years, evidence of record only shows that he served in MOS 11B for 8 years and 5 months.  Therefore, he is only entitled to correction of his DD Form 214 that was issued at the time of his retirement to show that he served in MOS 11B for 8 years and 5 months.

3.  As the applicant’s DD Form 214 that was issued at the time of his retirement already shows that he served in MOS 76Y for 9 years and 10 months, there is no basis for granting relief to the applicant’s request that this document show that he served in MOS 76Y for approximately 9 years.

4.  As the applicant’s DD Form 214 that was issued in conjunction with his discharge on 19 April 1967 and his immediate reenlistment on 20 April 1967 shows that he was awarded the Combat Infantryman Badge, he is entitled to correction of his DD Form 214 that was issued at the time of his retirement to show the award of the Combat Infantryman Badge.

5.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his DD Form 214 that was issued at the time of his retirement to show two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 June 1984; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
29 June 1987.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JS___  __DH ___  __JH ___  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.  showing that he served in MOS 11B for 8 years and 5 months;

	b.  showing the award of the Combat Infantryman Badge; and

	c.  showing two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

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:

a.  showing that he served in MOS 11B for approximately 11 years; and

b.  showing that he served in MOS 76Y for approximately 9 years, as his military records already show that he served in MOS 76Y for 9 years and 
10 months.





_______John Slone_________
          CHAIRPERSON




INDEX

CASE ID
AR20060012406
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0111.0000
2.
107.0073.0000 (add bronze service stars)
3.
100.0000.0000
4.
110.0000.0000
5.
110.0400.0000
6.