IN THE CASE OF:	  

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090018397 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge, Air Assault Badge, and his military occupational specialty (MOS) as 112.00.

2.  The applicant states "see attached." 

3.  The applicant provides a copy of Special Orders Number 120, issued by Headquarters, 1st Cavalry Division, dated 29 October 1965; a copy of Special Orders 24, issued by Headquarters, 2nd Battalion, 38th Infantry, Fort Benning, GA, dated 24 November 1964; and a copy of Special Orders Number 131, issued by Headquarters, 2nd Infantry Division, Fort Benning, dated 27 May 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 was inducted into the Army of the United States on 11 December 1963.  He completed the training requirements and he was awarded military occupational specialty (MOS) 112.00 (Heavy Weapons Infantryman);, however, this MOS was later renamed MOS 11C (Infantry Indirect Fire Crewmember).  

3.  His records also show he served in the Republic of Vietnam from on or about 15 August to 5 December 1965.  He was assigned to Company D, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division.  He served as an assistant gunner in MOS 11C.

4. He was honorably released from active duty on 9 December 1965 in the rank/grade of specialist four (SP4)/E-4 and he 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 25a (Specialty Number and Title) shows he held MOS 11C. 

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Vietnam Service Medal.

5.  Special Orders Number 120, dated 29 October 1965, awarded him the Combat Infantryman Badge.

6.  Special Orders Number 24, dated 24 November 1964, awarded him the Air Assault Badge.

7.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Headquarters, 11th Air Assault Division, Fort Benning, published the following orders:

	a.  Special Orders Number 6, dated 6 January 1965, awarding him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

	b.  Special Orders Number 34, dated 3 February 1965, awarding him the 1st Class Gunner Marksmanship Qualification Badge with Mortar Bar (.81 mm).

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the National Defense Service Medal.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. 

10.  Appendix B of Army Regulation 600-8-22 shows that during his service in the Republic of Vietnam participation credit was awarded for the Vietnam Defense Campaign from 8 March to 24 December 1965.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 2nd Battalion, 5th Cavalry, in Vietnam, this unit was awarded the Presidential Unit Citation for service from 23 October 1965 to 26 November 1965 based on Department of the Army General Order (DAGO) Number 40, dated 1967; and Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 
9 August 1965 to 19 May 1969, based on DAGO Number 59, dated 1969.

12.  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.  

13.  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 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.

14.  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 military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation contains guidance on the preparation of the DD Form 214.  Item 25a of the DD Form 214 in effect at the time showed the primary specialty held by the Soldier at the time of his or her separation.

15.  Special Regulation 615-25-15 (Enlisted Personnel Military Occupational Specialties) and later Army Regulation 611-201 (Enlisted Career Management Field and Military Occupational Specialties) describe an MOS as a term used to identify an area of military job activities covering either one duty assignment or a group of duty assignments which require similar abilities for the performance of their significant tasks, and which may be performed either in whole or in part by an individual who is qualified to perform the entire group of tasks.  

	a.  An MOS is composed of a classification title, a numerical identification, and a job specification.  The numerical identification is known as the MOS code, formerly called specification serial number.  Duty assignments which basically involve the same kind of training, experience, techniques, and abilities, and the same relative degree of physical capability of enlisted personnel are classified together under a broad MOS.  A single duty assignment which is so specialized that grouping with another duty assignment is not possible is recognized as an individual MOS.  For example, Indirect Fire (MOS 112) represented a broad classification and included such duty assignments as ammunition handler, assistant gunner, ammunition bearer, and company scout, since they fall within the general area of skills, knowledge, and abilities which the MOS of Indirect Fire represented.  On the other hand, the duty of Legal Clerk (1279) represented a specialized duty assignment not susceptible to grouping.  

	b.  In 1965, as a result of a study by the Infantry Center, Fort Benning, GA, the Army determined the MOS 112 was no longer adequate to identify and assign personnel in an efficient manner.  Accordingly, the Army changed the MOS structure as follows:  the first digit represented the occupational area:  A "1" represented combat, a "2" represented electronics, and a "3" represented maintenance.  The second digit represented the career group:  A "1" represented infantry, a "2" represented combat engineer, and a "3" represented armor.  The third digit represented the specialty within the occupation:  A "B" represented light weapons infantryman and a "C" represented mortar or indirect fire.  Thus MOS 11B was born as light weapons infantryman and 11C was born as indirect fire infantryman. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Combat Infantryman Badge, Air Assault Badge, and his correct MOS as 112.00.

2.  Special orders awarded him the Combat Infantryman Badge, Air Assault Badge, Marksman Marksmanship Qualification Badge with Pistol Bar 
(.45 Caliber), and 1st Class Gunner Marksmanship Qualification Badge with Mortar Bar (.81 mm), which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  General orders awarded the applicant’s unit the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show he participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to wear of a bronze service star to be affixed to the Vietnam Service Medal.

5.  The evidence of record confirms he served honorably from 11 December 1963 through 9 December 1965.  He attained the rank of SP4/E-4, was awarded the Combat Infantryman Badge, and received "excellent" conduct and efficiency ratings throughout his military service.  In the absence of derogatory information it would be appropriate to award him 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 DD Form 214 to show this award.

6.  The evidence of records shows he served on active duty from 11 December 1963 through 9 December 1965; therefore, he served a qualifying period of service for award of the National Defense Service Medal and he is entitled to correction of his records to show this award.

7.  With respect to the applicant’s MOS, the evidence of records shows the applicant was trained in and held MOS 112.00.  However, this MOS was later renamed by the Army as 11C and is correctly listed on his DD Form 214. 

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.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 December 1963 through 9 December 1965; and

	d.  adding to his DD Form 214 award of the Combat Infantryman Badge, the Army Good Conduct Medal (1st Award), Combat Infantryman Badge, Air Assault Badge, Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), 1st Class Gunner Marksmanship Qualification Badge with Mortar Bar (81 mm), Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, National Defense Service Medal, and a bronze service star 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 changing 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)                                         AR20090018397



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ABCMR Record of Proceedings (cont)                                         AR20090018397



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