RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20080001494 


	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 following members, a quorum, were present:













	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 26 June 1967 Separation Document (DD Form 214) be corrected to show his correct military occupational specialty (MOS) commensurate with his grade in Item 23 (Specialty Number and Title); and to include all awards and decorations to which he is entitled in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  

2.  The applicant states, in effect, that his DD Form 214 erroneously shows his MOS as 94B (Cook) instead of 11B (Infantryman).  He now requests that his 
DD Form 214 be corrected to show his correct MOS as 11B2O commensurate with his grade of specialist four (SP4).

3.  The applicant provides the following documents in support of his application:  175th Aviation Company Memorandum, dated 9 January 1967; DD Form 214; and Recommendation for Decoration for Valor or Merit (USARV Form 157-R). 

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’s record shows he was inducted into the Army of the United States (AUS) and entered active duty on 21 September 1965.  

3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, 
in Item 22 (Military Occupational Specialties), that he was initially awarded
MOS 11B (Light Weapons Infantryman) on 4 February 1966, and that on
26 October 1966, MOS 11B was withdrawn and he was awarded MOS 94B (Cook).


4.  Item 27 (Military Education) of the applicant's DA Form 20 contains an entry confirming his successful completion of the MOS 11B Advanced Infantry School Course in 1966.  Item 27 is void of any other entry regarding training in MOS 94B or in any other MOS.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam (RVN) from 31 May 1966 through 26 June 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A, 502nd Aviation Battalion from 3 June through 22 September 1966, performing duties in MOS 94B as a cook; and that from 23 September 1966 through 22 June 1967, he was assigned to the 175th Aviation Company, initially performing duties in MOS 94B, and later performing duties in MOS 11B, as an aerial door gunner, from 4 May 1967 through the date of his departure from the RVN.  

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 also shows that he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.   Item 40 (Wounds) shows that on 26 March 1967, while serving in MOS 11B, the applicant received shrapnel wound to his left thigh.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure:  Purple Heart (PH); Silver Star (SS); Army Commendation Medal (ARCOM) with "V" (Valor) Device; National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal with Device (1960) (RVNCM w/Device (1960)); Air Medal (AM) with Oak Leaf Cluster; 2 Overseas Service Bars; and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

6.  The applicant's Military Personnel Record Jacket (MPRJ) contains 
1st Aviation Brigade General Orders Number 1271, dated 13 April 1967.  These orders awarded him the Bronze Star Medal with "V" Device, for his heroism in connection with military operation against a hostile force on 26 March 1967, while performing duties a helicopter crew chief and gunner.  It also contains 1st Aviation General Orders Number 3209, dated 9 July 1967, which awarded him the AM 1st through 6th Oak Leaf Clusters, for the period 1 February 1967 through 16 May 1967; and 1st Aviation General Orders Number 3956, dated
16 August 1967, which awarded him the AM 7th and 8th Oak Leaf Clusters for the period 16 May 1967 through 15 June 1967.  The MPRJ is void of any derogatory information or a unit commander’s disqualification that would have precluded him from receiving the AGCM. 

7.  On 26 June 1967, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 9 months, and 6 days of active military service.  Item 23a contains the entry 94B (Cook).  Item 24 shows he earned the 



following awards:  PH; SS; AM; NDSM; ARCOM with "V" Device; RVNCM; VSM; 
2 Overseas Service Bars; and Marksman Marksmanship Qualification Badge 
with Rifle (M-14) Bar.  

8.  Army Regulation 635-5 (Separation Documents) prescribed separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214 and contains item-by-item instructions for the DD Form 214.  The version of the regulation in effect at the time of the applicant's discharge provided, in pertinent part, that the primary MOS code, number, and title would be entered in Item 23a.  It also stated that all awards received during the period covered on the DD Form 214 would be entered in Item 24. 

9.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13, of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.  

10.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to award of the AGCM, disqualification must be justified.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, his unit (175th Aviation Company) was awarded the RVN Gallantry Cross with Palm Unit Citation.  This source publication further shows that during the period of his assignment, participation credit was granted for the Vietnam Counteroffensive, Vietnam Counteroffensive Phase II, and Vietnam Counteroffensive Phase III campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his MOS as 11B (Light Weapons Infantryman) was carefully considered and found to have merit.  


2.  The evidence of record confirms the applicant completed the MOS 11B Advanced Infantry School Course and was initially awarded MOS 11B on 
4 February 1966.  It further confirms that during the applicant's service in the RVN, he was awarded the SS, BSM with "V" Device, ARCOM with "V" Device, and AM 8th Oak Leaf Cluster while performing duties in MOS 11B as an aerial door gunner.  Therefore, as a matter of equity and justice, it would be appropriate to show the applicant held MOS 11B2O on the date of his separation, and to correct Item 23a of his DD Form 214 accordingly. 

3.  The applicant's record also confirms that he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 21 September 1965 through 26 June 1967.

4.  During the review of the applicant's case, it was determined that the applicant was awarded the Bronze Star Medal with "V" Device and AM 8th Oak Leaf Cluster, which were not included in the list of awards in Item 24 of his DD Form 214.  As a result, it would be appropriate to add them at this time. 

5.  In addition, based on his RVN service and campaign participation, he is entitled to the RVN Gallantry Cross with Palm Unit Citation and 3 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time. 

BOARD VOTE:

___PHM_  __JGH __  __KSJ __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal, for his qualifying honorable active duty service from 21 September 1965 through 26 June 1967;

	b.  amending Item 23a of his 26 June 1967 DD Form 214 by deleting the current entry and replacing it with the entry "11B2O (Light Weapons Infantryman)"; 

      c.  amending Item 24 by adding the Bronze Star Medal with "V" Device,
Air Medal 8th Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 3 bronze service stars for wear on his already-awarded Vietnam Service Medal; and 
      
      d.  providing him a correction to his separation document that includes these changes.




      	______PHM               ___
                		CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080001494


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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