IN THE CASE OF:	  

		BOARD DATE:	  21 October 2008

		DOCKET NUMBER:  AR20080012410 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his separation document (DD Form 214) to reflect a combat military occupational specialty (MOS), the Army Commendation Medal (ARCOM) with "V" (Valor) Device, and all other awards that he is authorized.

2.  The applicant states, in effect, his DD Form 214 does not show his combat MOS nor does it reflect that he was awarded the ARCOM with "V" Device, and other awards based on his service with the 5th Special Forces and 7th Cavalry.  

3.  The applicant refers to his military records maintained in St. Louis in support of his application.   

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 and entered active duty on 24 September 1968, and he was trained in and awarded MOS 71B (Clerk-Typist).  

3.  The applicant's Enlisted Qualification Record (DA Form 20) does not indicate he was ever awarded a combat arms MOS in Item 22 (Military Occupational Specialties) and Item 27 (Military Education) contains only one entry indication he completed the MOS 71A clerk course at Fort Polk, Louisiana, in 1969.  No other MOS courses are listed in Item 27.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam (RVN) from 10 April 1969 through 28 April 1970.  

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his RVN tour, he was assigned to the following units for the periods indicated and performed duties in the positions shown:  Headquarters and Headquarters Battery (HHB), 54th Artillery Group,13 April-20 October 1969, Message Clerk (MOS 36K); B Battery, 2nd Battalion, 12th Artillery, 21 October 1969-25 April 1970, Cannoneer (MOS 13A).  Item 41 (Awards and Decorations) shows that he earned the following awards:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM) with Device (1960); ARCOM with "V" Device; and Marksman Marksmanship Qualification Badge with Rifle Bar.  

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains Headquarters, II Field Force Vietnam Artillery General Orders Number 360, dated 14 March 1970, which awarded the applicant the ARCOM with "V" Device for heroic actions in connection with military operations against a hostile force in the RVN.  The reason citation contained in these orders indicates that the applicant voluntarily exposed himself to enemy rocket fire while manning his howitzer to fix its fire upon the rocket launching site.  The MPRJ also contains Headquarters, 23rd Artillery Group Special Orders Number 361, dated 
27 December 1969, which awarded the applicant MOS 71B (Clerk Typist) and withdrew MOS 70A (Clerk).  No other MOS orders are on file in his record.  

6.  On 29 April 1970, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 7 months, and 6 days of active military service.  Item 23a (Specialty Number and Title) contains the entry "71B20 Clerk Typist".  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  NDSM; VSM; RVNCM; and ARCOM. 


7.  Army Regulation 635-5 (Separation Documents) prescribes the 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.  The instructions for entering MOSs in effect in the version of the regulation in effect at the time of the applicant's REFRAD stated to enter the primary MOS held on the date of separation.  The current version of the regulation provides, in pertinent part, for entering the titles of all MOSs.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign member was credited with participating in while serving in the RVN.  

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment 
in the RVN, the applicant’s units (HHB, 54th Artillery and 2nd Battalion, 
12th Artillery) received the Meritorious Unit Commendation (MUC), RVN Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry Cross with Palm Unit Citation. It also shows that during the applicant's tenure of assignment, participation credit was granted for the TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970 campaigns.   

DISCUSSION AND CONCLUSIONS:

1.  The regulation in effect at the time of the applicant's REFRAD provided for entering only the primary MOS held on the date of separation on the DD Form 214.  Under the current version of the regulation all MOSs held may be entered.  Although the record clearly shows the applicant held MOS 71B and was never actually awarded MOS 13A, it also confirms that he did in fact serve in MOS 13A during his time in the RVN, and actually received a valor award while performing duties with a howitzer gun section.  As a result, although there was no error or injustice related to the MOS entry on the applicant's DD Form 214, it would appropriate, in the interest of equity, to correct his record to show he was awarded and served in MOS 13A during his RVN assignment by adding the entry "13A10 (Cannoneer)" to Item 23a of his DD Form 214. 

2.  The applicant's record also contains orders confirming his ARCOM was awarded for heroism with the "V" Device, which is not currently reflected in the ARCOM entry in Item 24 of his DD Form 214.  Therefore, it would be appropriate to correct this entry accordingly.  

3.  The evidence of record also shows that the applicant received the Marksman Marksmanship Qualification Badge with Rifle Bar, which is not reflected on his DD Form 214.  It also confirms that based on his RVN service and campaign participation, he is entitled to the MUC, RVN Civil Actions Honor Medal First Class Unit Citation, 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. 

BOARD VOTE:

___x____  ___x____  ___x____  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 amending his DD Form 214 by adding the entry "13B Cannoneer" to Item 23a and by deleting the current list of awards in Item 24 and replacing it with the entry "National Defense Service Medal, Army Commendation Medal with "V" Device, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar"; and by providing him a correction to his separation document that reflects these changes.  




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080012410



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ABCMR Record of Proceedings (cont)                                         AR20080012410


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