IN THE CASE OF:	  

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090012602 


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 11 (Primary Specialty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show military occupational specialty (MOS) 76Y3O (Armorer Organization Supply Specialist)  instead of  76Y20 (Supply Specialist) and that the entry "Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge" be changed to "Vietnam Gallantry Cross with Palm" in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).

2.  The applicant states, in effect, that upon receiving his new DD Form 214 he noticed three mistakes on it.  He contends that his DA Form 20 (Enlisted Qualification Record) shows his MOS is 76Y3O and the MOS title is Armorer Organization Supply Specialist.  He points out that a DD Form 215 (Correction to DD Form 214), dated 19 July 1990, shows he received the Vietnam Gallantry Cross with Palm not the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant provides a copy of his DD Form 214 for the period ending
25 September 1970; a DD Form 215, dated 19 July 1990; and three pages of his DA Form 20 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 enlisted in the Regular Army (RA) on 17 October 1966 for a period of 3 years.  He successfully completed basic combat and advanced individual training in MOS 76Y (supply specialist).  On 14 November 1967, he was honorably discharged for immediate reenlistment.  He reenlisted on 
15 November 1967 for a period of 3 years.  He served in Vietnam from 9 January 1968 to 9 January 1969.  On 25 September 1970, he was discharged with a general, under honorable conditions discharge under the provisions of Army Regulation 635-212 (Personnel Separations-Discharge-Unfitness and Unsuitability), for unsuitability (character and behavior disorders).

3.  Item 22 (Military Occupational Specialties) on the applicant's DA Form 20 shows he was awarded primary MOS 76Y3O (Armorer Unit Supply Specialist) effective 1 September 1968.  The entry which shows the applicant was awarded primary MOS 76Y3O (Unit Org [Organization] Supply Spec [Specialist]) effective 1 September 1968 is lined out.

4.  The applicant’s records contain a DD Form 215, dated 6 April 1988, which amended his original DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by deleting the Vietnam Service Medal and adding the Vietnam Service Medal with one silver service star, Expert Marksmanship Qualification Badge with Rifle Bar, and the Vietnam Gallantry Cross with Palm Unit Citation Badge.

5.  The applicant provided a DD Form 215, dated 19 July 1990, which voided the DD Form 215 issued on 6 April 1988 and amended his original DD Form 214 by deleting the Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation [Badge] and adding the Vietnam Gallantry Cross with Palm, Vietnam Service Medal with one silver service star, and the Expert Marksmanship Qualification Badge with Rifle Bar.



6.  On 18 December 2008, the ABCMR upgraded the applicant's general, under honorable conditions discharge to an honorable discharge and he was issued a new DD Form 214.

7.  Item 11 of his reissued DD Form 214 shows the entry "76Y2O Supply Specialist//Nothing Follows."  Item 13 of this DD Form 214 shows his awards, including the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

8.  Army Regulation 600-8-22 (Military Awards) does not show the “Vietnam Gallantry Cross with Palm” as an authorized award.  Paragraph 9-23 (Republic of Vietnam Gallantry Cross with Unit Citation) states, in pertinent part, that the unit citation of the Gallantry Cross is awarded by the Vietnamese government for valorous combat achievement.  It is awarded in four degrees as follows:

   a. With Palm—To a unit which is cited before the Armed Forces. 
   
   b. With Gold Star—To a unit which is cited before a corps.
   
   c. With Silver Star—To a unit which is cited before a division.
   
   d. With Bronze Star—To a unit which is cited before a regiment or brigade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his MOS is 76Y3O and his MOS title is Armorer Organization Supply Specialist were noted.  However, the evidence of record does not support the applicant's contention that his DA Form 20 shows his MOS title is Armorer Organization Supply Specialist.  His DA Form 20 shows he was awarded primary MOS 76Y3O (Armorer Unit Supply Specialist) effective 
1 September 1968.  Therefore, the entry in item 22 of his DA Form 20 is accepted as sufficient evidence with which to amend item 11 of his DD Form 214 to show the entry "76Y3O Armorer unit supply specialist//nothing follows."

2.  The applicant's request to change the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge to the Vietnam Gallantry Cross with Palm was noted.  However, the governing awards regulation does not show the “Vietnam Gallantry Cross with Palm” as an authorized award.  His reissued DD Form 214 contains the correct, standard entry for this award.  Therefore, there is no basis for granting this portion of the applicant’s requested relief.  



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 deleting from item 11 of his reissued DD Form 214 the entry "76Y2O Supply Specialist/Nothing Follows" and replacing it with the entry "76Y3O Armorer Unit Supply Specialist//Nothing Follows."

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 11 of his reissued DD Form 214 to show MOS title "Armorer Organization Supply Specialist" or amending item 13 of his reissued DD Form 214 to show the entry "Vietnam Gallantry Cross with Palm."




      ___________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)                                         AR20090012602



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ABCMR Record of Proceedings (cont)                                         AR20090012602



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