IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090000961 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Machinegun Bar      (M-60), three military occupational specialties (MOS), and any other awards and decorations he may have earned.

2.  The applicant states that his DD Form 214 contains errors. 

3.  The applicant provides a copy of his DD Form 214, dated 6 October 1966; a copy of his DA Form 20 (Enlisted Qualification Record); a copy of Special Orders Number 36, issued by Headquarters, Fort Polk, LA, on 11 February 1964; and copies of Special Orders Number 44 and 253, issued by Headquarters, U.S. Army Aviation Center, Fort Rucker, AL, on 3 March 1964 and 17 December 1964, in support of his request.

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 records show he enlisted in the Regular Army for a period of 3 years on 7 October 1963.  He completed basic combat training at Fort Leonard Wood, MO, on or about 3 January 1964, and proceeded to Fort Polk, LA, where he completed advanced individual training for MOS 11B (Light Weapons Infantry).  He then proceeded to Fort Rucker, AL, and completed training for MOS 51M ((Fire Fighter).  

3.  On 20 April 1964, Headquarters, Special Troops, U.S. Army Aviation Center, Fort Rucker, AL,  published Special Orders Number 77, awarding the applicant secondary MOS 525.10 (Fire Fighter).  This MOS was re-designated as 51M in 1964. 

4.  On 14 August 1964, Headquarters, Special Troops, U.S. Army Aviation Center, Fort Rucker, AL, published Special Orders Number 146, awarding the applicant primary MOS 525.10 and primary MOS 111.00 (Light Weapons Infantryman).  MOS 111.00 was re-designated as 11B in 1964.

5.  The applicant's records also show he served in the Republic of Vietnam from on or about 1 April 1965 to on or about 27 March 1966.  He was assigned to the 92nd Aviation Company.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows his principal duty was in MOS 09B (Trainee) on 14 October 1963, MOS 11B on 4 January 1964, and MOS 51M on 3 March 1964.

7.  The applicant's records further show he was honorably separated in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 6 October 1966.

8.  Item 25a (Specialty Number and Title) of the applicant's DD Form 214 shows the entry "51M Fire Fighter." 

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Good Conduct Medal.  


10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Headquarters, Fort Polk, LA, Special Orders Number 36, dated 11 February 1964, show the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) on 29 January 1964.

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

13.  Headquarters, Special Troops, U.S. Army Aviation Center, Fort Rucker, AL, Special Orders Number 198, dated 6 November 1964, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Defense Campaign (8 March 1865 to 24 December 1965) and the Vietnam Counteroffensive (25 December 1965 to 30 June 1966) campaigns during his service in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 92nd Aviation Company was awarded the Meritorious Unit Commendation from 1 October 1964 to 31 December 1966 based on Department of the Army General Orders 17, dated 1968, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 8 February 1962 to 28 March 1973, based on Department of the Army General Orders Number 8, dated 1974.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), three military occupational specialties (MOS), and any other awards and decorations he may have earned.

2.  With respect to the Republic of Vietnam Campaign Medal with Device (1960), the evidence of record shows the applicant served in the Republic of Vietnam from on or about 1 April 1965 to on or about 27 March 1966; therefore, he served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to correction of his records to show this award.

3.  Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  General orders awarded the applicant’s units of assignment the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

6.  With respect to the applicant's MOS, the evidence of record shows the applicant completed formal training for and was awarded two specialties, 51M (Firefighter) and 11B (Light Weapons Infantry), one of which is not listed on his DD Form 214.  The 09B designation is not an MOS; it is assigned to Soldiers who complete basic combat training but fail to compete formal schooling for award of an MOS.  







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ____X____  ___X_____  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.  adding the entry "11B Light Weapons Infantryman" to item 25a of the applicant's DD Form 214; and

	b.  awarding the applicant the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and adding these awards to his DD Form 214.

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 listing a third MOS in item 25a of his DD Form 214.




      _______ _   _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)                                         AR20090000961



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ABCMR Record of Proceedings (cont)                                         AR20090000961



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