IN THE CASE OF:	  

		BOARD DATE:	  1 December 2009

		DOCKET NUMBER:  AR20090010993 


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 award of the Combat Infantryman Badge and the Vietnam Service Medal with one bronze service star; his unit as the 1st Battalion, 506th Infantry instead of the 1st Battalion, 505th Infantry; and his military occupational specialty (MOS) as 11B (Light Weapons Infantryman) instead of 31G (Tactical Communications Chief).

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

3.  The applicant provides a copy of his DD Form 214, dated 21 April 1971, and a copy of Special Orders Number 87, dated 28 March 1971, showing award of the Combat Infantryman Badge, 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 was inducted into the Army of the United States and entered active duty on 2 May 1969.  He completed basic combat and advanced individual training and was awarded MOS 31G.

3.  The applicant's records show he served in the Republic of Vietnam from on or about 11 May 1970 to on or about 1 April 1971.  He was assigned to Company B, 1st Battalion, 506th Infantry Regiment, 101st Airborne Division.

4.  The applicant’s records further show he was honorably separated in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  The DD Form 214 he was issued shows the following entries:

	a.  item 12 (Last Duty Assignment and Major Command) shows he was assigned to the 505th Infantry;

	b.  item 23a (Specialty Number and Title) shows he held MOS 31G; and 

	c.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Air Medal, the Army Commendation Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 31G on 13 February 1970.  Item 22 of this form also shows he was awarded primary MOS (PMOS) 11B on 3 February 1972.

6.  Item 38 ( Principal Duty-Organization and Station or Theater) of the applicant's DA Form 20 shows he was assigned to Company B, 1st Battalion, 506th Infantry, from on or about 11 October 1970 to on or about 28 March 1971 when he departed Vietnam to Fort Lewis, WA, for the purpose of separation.

7.  Headquarters, 101st Airborne Division, Special Orders Number 87, dated 28 March 1971, show the applicant was awarded the Combat Infantryman Badge on 15 February 1971 while a member of Company B, 1st Battalion, 506th Infantry.

8.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service, with the exception of an "unknown" rating on 14 May 1970 for a period of 10 days.

10.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

11.  Appendix B of Army Regulation 600-8-22 shows that during his service in the Republic of Vietnam participation credit was awarded for the DA Sanctuary Counteroffensive campaign from 1 May 1970 to 30 June 1970 and the Vietnam Counteroffensive campaign from 1 July 1970 to 30 June 1971.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 1st Battalion, 506th Infantry, in Vietnam, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 to 9 October 1971 based on Department of the Army General Orders Number 6, dated 1974.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It stated, in pertinent part, that item 23 shows the primary MOS code number and title.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to Company B, 1st Battalion, 506th Infantry Regiment, during his service in Vietnam and that this unit was his last unit of assignment at the time of his separation.  It appears that the Regimental number was incorrectly entered as "505th" instead of "506th."  Therefore, he entitled to correction of his DD Form 214 to show the correct last unit of assignment.

2.  Special orders awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  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 wear of two bronze service stars to be affixed to the Vietnam Service Medal.

4.  General orders awarded the applicant’s unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The evidence of record confirms that the applicant served honorably during the period 2 May 1969 through 2 April 1971.  He attained the rank of SGT/E-5, was awarded the Combat Infantryman Badge, and received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

6.  With respect to the applicant’s MOS, the evidence of records shows the applicant was trained in and held a communications MOS throughout the period covered by this DD Form 214.  The evidence indicates he may have been awarded an infantry MOS at some point during the period covered by the DD Form 214; however, there is no evidence to show he was awarded PMOS 11B until subsequent to his release from active service and transfer to the U.S. Army Reserve Control Group.  Only the PMOS was entered on the DD Form 214.  It appears that during the period covered by the DD Form 214 and at the time of his separation he held PMOS 31G, which is correctly shown on his DD Form 214.


BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  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 12 of his DD Form 214 the entry "505th" and adding the entry "506th";

	b.  awarding the applicant the Combat Infantryman Badge for combat actions on 15 February 1971;

	c.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 May 1969 through 2 April 1971; and

	d.  adding to his DD Form 214 award of the Combat Infantryman Badge, the Army Good Conduct Medal (1st Award), 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.

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 his MOS.



      ____________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)                                         AR20090010993



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ABCMR Record of Proceedings (cont)                                         AR20090010993



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