RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20070005868 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. John T. Meixell

Member

Mr. Richard T. Dunbar

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show that he was retired with a permanent disability; that the skill level of his military occupational specialty (MOS) 11B (Light Weapon Infantryman) was “2O”; that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; that he served overseas; that he completed the Lightning Combat Leaders Course; and that he was promoted to sergeant, pay grade E5.  

2.  The applicant states, in effect, that he thinks his DD Form 214 should show he was permanently retired due to physical disability.  He further states that his 
DD Form 214 incompletely or incorrectly records his MOS, military training, marksmanship award, overseas service; and rank.

3.  The applicant provides copies of his DD Form 214, medical board proceedings, retirement orders, Combat Leaders Course 13-67 graduation list and certificate, certificate of proficiency in recognition of his selection as squad leader, undated certificate of training for leader preparation, undated certificate of training for Armor Personnel Carrier Drivers Training, and orders promoting him to sergeant first class as an instructor at the Carver Military Academy. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 11 August 1966, the applicant was inducted into the Army of the United States for 2 years.  He completed his basic combat training at Fort Campbell, Kentucky. 

3.  Special Orders Number 106, United States Army Training Center, Fort Campbell, Kentucky, dated 3 October 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M16].

4.  On 17 October 1966, the applicant was assigned to Fort Polk, Louisiana, where he completed the two-week Leader Preparation Course. 

5.  On 31 October 1966, the applicant was assigned to the Infantry Advanced Individual Training Course.  He completed it and was awarded MOS 11B1O (Light weapons Infantryman).

6.  Special Orders Number 307, Headquarters, Fort Polk, Louisiana, dated 
28 November 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M14].

7.  On 6 March 1967, the applicant was assigned for duty as a rifleman with A Company, 4th Battalion (Mechanized), 23rd Infantry Regiment, 25th Infantry Division, in the Republic of Vietnam.

8.  Unit Orders Number 25, A Company, 4th Battalion (Mechanized), dated 
23 May 1967, promoted the applicant to specialist four, pay grade E4, in primary MOS 11B1O.

9.  On 9 September 1967, the applicant completed the one-week Lightning Combat Leaders Course.

10.  On 27 September 1967, the applicant was seriously wounded in action, resulting in the amputation of his lower left leg and foot and multiple fragment wounds.  On 3 November 1967, he was medically evacuated, first to Japan, and then on to Valley Forge General Hospital.  He had completed 8 months and 
6 days of duty in the Republic of Vietnam.  

11.  On 1 March 1968, the Medical Evaluation Board (MEB) found the applicant unfit for further military service.  The MEB proceedings indicated that the applicant’s MOS was 11B2O.

12.  On 4 April 1968, the Physical Evaluation Board (PEB) determined the applicant’s injuries were forty percent disabling and recommended permanent retirement.

13.  Special Orders Number 102, Headquarters, Department of the Army, dated 23 May 1968, retired the applicant with a forty percent disability, effective 31 May 1968.  This order indicated that his MOS was 11B2O.  

14.  Department of the Army Form 199, PEB Proceedings, dated 18 December 1969, indicated that the applicant had previously been placed on the Temporary Disability Retired List (TDRL).  It stated that his left leg had been amputated at a lower level permitting prosthesis.  This form also indicated that the applicant’s MOS was 11B2O.

15.  Item 5a and 5b (Rank and Pay Grade) of the applicant’s DD Form 
214 indicated that he was a specialist four, pay grade E4.

16.  Item 11c (Reason and Authority) of the applicant’s DD Form 214 indicated that the reason for discharge was retirement due to a temporary disability.

17.  Item 22c (Foreign and or Sea Service) of the applicant’s DD Form 
214 indicated that the applicant served overseas for 3 months and 26 days.

18.  Item 23a (Specialty Number and Title) of the applicant’s DD Form 
214 indicated that his MOS was 11B1O, Light Weapon Infantryman.

19.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Purple Heart, Combat Infantryman Badge, Vietnam Service Medal, Vietnam Campaign Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

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

21.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

22.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

23.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Counteroffensive, Phase II, and the Vietnam Counteroffensive, Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

24.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 4th Battalion (Mechanized), 23rd Infantry Regiment, during the time of the applicant's assignment, was cited in General Orders Number 48, dated 1971, for award of Republic of Vietnam Gallantry Cross with Palm Unit Citation and was cited in General Orders Number 51, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record seems to indicate that the applicant was initially placed on the TDRL effective 31 May 1968, and permanently retired on or about 
18 December 1969.  The applicant’s records do not contain all of the orders and related documents to make an absolute determination as to what sequence of events occurred.  Therefore, the applicant’s request to show on his DD Form 
214 that he was permanently retired should not be granted.

2.  Records show that the applicant was trained as an infantryman and awarded MOS 11B1O.  There are no orders or other substantiating documents showing that he was ever awarded a skill level “2O” for this MOS.  The medical board proceedings and other related documents that indicate his MOS as 11B2O appear to be in error.  However, it is noted that placement on the TDRL upon separation from active duty is the normal procedure even for those who have obviously permanent conditions.  This permits reevaluation if the disability worsens.  Therefore, the applicant’s request to change the skill level of his MOS on his DD Form 214 should not be granted.

3.  There is no evidence of record showing that the applicant was promoted to the rank of sergeant, pay grade E5.  Therefore, the applicant’s request to change his rank should not be granted. 

4.  Special orders show that the applicant qualified as a sharpshooter with both the M14 and M16 rifles.  There is no evidence showing that he ever qualified as a Marksman.  Therefore, his records should be corrected to delete the Marksman Marksmanship Qualification Badge with Rifle Bar and to add the Sharpshooter Qualification Badge with Rifle Bar.  

5.  Records show that the applicant served overseas in the Republic of Vietnam for 8 months and 6 days.  Therefore, his DD Form 214 should be corrected to show this service.

6.  Records show that the applicant completed the Leaders Preparation Course and the Lightning Combat Leaders Course.  Therefore, his DD Form 214 should be corrected to show this training.  

7.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

8.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.
 
9.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LE  ___  __JTM__  __ RTD__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Army Good Conduct Medal for the period from 11 August 1966 to 31 May 1968;

	b.  showing in Item 12c (Foreign and or Sea Service) of his DD Form 
214:  8 months and 6 days;

	c.  deleting from Item 24 (Decorations….Authorized) of his DD Form
214:  Marksman Rifle;

	d.  add in Item 25 (Education and Training Completed) of his DD Form
214:  Leader Preparation Course, 2-weeks, 1966; and Lightning Combat Leaders Course, 1-week, 1967;

	e.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, two bronze service stars to be affixed to his Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

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 reason for his discharge, the skill level of his MOS, and his rank and pay grade.  



   
__      Lester Echols_______
          CHAIRPERSON




INDEX

CASE ID
AR20070005868
SUFFIX

RECON
 
DATE BOARDED
 20070823
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100
2.
107
3.

4.

5.

6.