RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20080000754 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 his records be corrected to reflect his correct military occupational specialty (MOS) and his award of the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.  

2.  The applicant states that his DD Form 214 incorrectly reflects his MOS as a 71B30 – Clerk-typist.  He goes on to state that he was never a clerk-typist and that he was a radio operator in Vietnam and when he returned to the United States.  Additionally, his award of the RVNGC w/Palm Unit Citation is not reflected on his DD Form 214.   

3.  The applicant provides a copy of his DD Form 214.

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.  The applicant enlisted in Montgomery, Alabama on 16 August 1966 for a period of 3 years and training in the wire maintenance career management field.  He completed his basic combat training at Fort Benning, Georgia and was transferred to Fort Dix, New Jersey to undergo his advanced individual training (AIT) as a lineman.  He completed that training and was transferred to Fort Gordon, Georgia for additional training.  Upon completion of his training he was transferred to Fort Bliss, Texas for his first permanent duty assignment.  He was advanced to the pay grade of E-4 on 17 May 1967 in his primary MOS of 36K20.

3.  On 12 August 1967 he was transferred to Vietnam for assignment to the United States Army Strategic Communications Facility – Phu Lam for duty as a dial central office repairman in MOS 36H20.  He was awarded a secondary MOS of 36H20 on 2 December 1967. 

4.  He departed Vietnam on 4 August 1968 and was transferred to Fort Stewart, Georgia.  He was assigned to Headquarters and Headquarters Company, 575th Engineer Battalion for duty as a clerk typist in MOS 71B20.

5.  On 29 January 1969, he was promoted to the rank of specialist five (SP5) in MOS 71B30 and was awarded the primary MOS of 71B30 – clerk-typist.  MOS 36H20 was designated as his secondary MOS.

6.  On 21 April 1969, the applicant submitted a request for early release to attend school.  He requested to be released on 31 May 1969 and he submitted a copy of his Enlisted Qualification Record (DA Form 20) that reflected his primary MOS (PMOS) as being 71B30.  The applicant’s request was approved for release from active duty (REFRAD) on 2 June 1969.

7.  Accordingly, he was honorably REFRAD on 2 June 1969 as an early release to attend school.  He had served 2 years, 9 months and 17 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that his PMOS was 71B30 and that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal and the Vietnam Service Medal (VSM).

8.  A review of the applicant’s records shows that the applicant had excellent conduct and efficiency ratings throughout his service and it is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

9.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the PMOS and title held by the individual Soldier at the time of separation would be entered in block 23a.

10.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in four campaigns while assigned to Vietnam and is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.      

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was a radio operator and his PMOS should reflect his signal PMOS has been noted and found to lack merit.  While the applicant did hold three separate signal military occupational specialties, at the time he was assigned to Fort Stewart, his last duty assignment, he was not only assigned to a clerk-typist position, he was also promoted in the MOS of a clerk-typist and was awarded the MOS when he accepted the promotion.  Accordingly, his DD Form 214 was properly prepared to reflect the PMOS he held at the time of his REFRAD.  Therefore, in the absence of evidence to the contrary, there appears to be no basis to change his PMOS on his DD Form 214.  

2.  However, after carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 16 August 1966 through 2 June 1969.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

3.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, this error should be corrected and the applicant should receive the AGCM at this time.

4.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already-awarded VSM.

  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JLP  __  __TSK__  __DWT__   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 awarding him the AGCM for the period of 16 August 1966 to 2 June 1969, while serving in the rank of SP5 and by awarding him the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already awarded VSM.  

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 changing his PMOA to a signal MOS.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.
  




      ___        TSK                ___
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080000754



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508