IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090010851 


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 item 23a (Specialty Number and Title) on his DD Form 214 (Report of Transfer or Discharge) to show his primary military occupational specialty (PMOS) as 97B4O (intelligence specialist) and secondary MOS as 96B4O (intelligence analyst).  He also requests that the Bronze Star Medal be added to his DD Form 214.

2.  The applicant states that the Bronze Star Medal does not appear on his DD Form 214, that his PMOS was 97B4O, and that his secondary MOS (SMOS) was 96B4O.

3.  The applicant provides a copy of his DD Form 214 and correspondence from a Member of Congress 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 enlisted in the Regular Army (RA) on 6 February 1967 for a period of 3 years.  His DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 97B on 15 August 1967.  He arrived in Vietnam on 2 December 1967 and he was subsequently assigned to Headquarters Company, USARV [U.S. Army Vietnam] in Vietnam from 6 December 1967 to 25 November 1968 in duty MOS 97B.  On 25 November 1968, he departed Vietnam en route to the continental United States.

3.  On 29 December 1968, the applicant was assigned to Fort McPherson, GA with duty at Charleston, SC in duty MOS 97B.

4.  On 1 July 1969, having completed a 24-week Intelligence Analyst course at the U.S. Army Intelligence School, he was awarded the SMOS of 96B4O.

5.  On 22 January 1970, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.  His reason for separation was to enter or return to college, university, or equivalent educational institution.

6.  Item 23a of the applicant's DD Form 214 shows the entry "96B4O INTEL ANALYST."  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one award of the Overseas Service Bar, and the Army Good Conduct Medal.

7.  Headquarters, U.S. Army Vietnam General Orders Number 5625, dated 
5 December 1968, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period December 1967 to December 1968.

8.  Records show that during the applicant's tenure of service in Vietnam from
2 December 1967 to 25 November 1968 he participated in the following five campaigns:  Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968); Tet Counteroffensive (30 January 1968 - 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968); and Vietnam counteroffensive, Phase VI (2 November 1968 - 22 February 1969).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that U.S. Army Vietnam (Headquarters and subordinate units) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  

10.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the PMOS code number and title would be entered in item 23a on the DD Form 214.  There is no provision to show a secondary MOS in item 23a.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, in this case the Vietnam Service Medal.  A silver service star will be worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  Records and orders show the applicant was awarded PMOS 97B4O.  Therefore, item 23a of his DD Form 214 should be corrected to show his specialty number and title as 97B4O - intelligence specialist.

2.  Since there is no provision to show SMOSs in item 23a of the DD Form 214, there is no basis for granting the applicant's request to show his SMOS of 96B4O in item 23a of his DD Form 214.

3.  General orders show the applicant was awarded the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.  Therefore, his DD Form 214 should be corrected to add a silver service star to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be amended to show this unit citation.


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.  deleting from item 23a of his DD Form 214 the entry "96B4O Intelligence Analyst" and replacing it with the entry "97B4O Intelligence Specialist";

	b. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Vietnam Service Medal with one silver service star, and the Republic of Vietnam Gallantry Cross with Palm 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 amending item 23a of his DD Form 214 to show a secondary MOS of 96B4O.



      _________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)                                         AR20090010851



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ABCMR Record of Proceedings (cont)                                         AR20090010851



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