IN THE CASE OF:	

		BOARD DATE:	 18 May 2010 

		DOCKET NUMBER:  AR20090018437 


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 17a (Secondary Specialty Number and Title) on his DD Form 214 (Report of Separation from Active Duty) to show military occupational specialty (MOS) 11B40 (infantryman).  He also requests correction of  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show the Combat Infantryman Badge, Good Conduct Medal, Army Commendation Medal with First Oak Leaf Cluster, and Bronze Star Medal. 

2.  The applicant states these items are not on his DD Form 214.  He contends he held secondary MOS 11B40 for two months in 1971.   

3.  The applicant provides:

* DD Form 214
* orders and an award certificate for the Bronze Star Medal 
* orders and an award certificate for the Army Commendation Medal
* citation and award certificate for the Army Commendation Medal with First Oak Leaf Cluster
* Certificate of Achievement
* orders for the Good Conduct Medal
* orders for the Combat Infantryman Badge 




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 on 28 December 1967 for a period of 3 years.  He successfully completed basic combat training and advanced individual training and was awarded MOS 36K (field wireman).  Orders, dated 
24 September 1969, show he was awarded primary MOS 31G40 (tactical communications chief) and primary MOS 36K was withdrawn.  On 27 February 1970, he was honorably discharged for immediate reenlistment.  The applicant reenlisted on 28 February 1970 for a period of 4 years.    

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 14 April 1970.  He was assigned to Headquarters and Headquarters (HHC), 1st Battalion, 20th Infantry in Vietnam from 26 April 1970 through 29 June 1970.  He was assigned to Company D, 1st Battalion, 20th Infantry in Vietnam from 30 June 1970 through 22 March 1971.  On 18 March 1974, he was honorably discharged.   

4.  Item 17a on the applicant's DD Form 214 shows MOS 36K20.  His DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, two awards of the Overseas Service Bar, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.  His DD Form 214 shows he was separated from the service on temporary records.  

5.  Headquarters, Americal Division General Orders Number 12310, dated 
10 September 1970, show the applicant received the Army Commendation Medal.

6.  Headquarters, 23d Infantry Division (Americal) Special Orders 
Number 7, dated 7 January 1971, show the applicant received the Combat Infantryman Badge.  These orders show the applicant's MOS is 11B40.  
7.  Headquarters, 23d Infantry Division General Orders Number 00376, dated 
14 January 1971, show the applicant received the Bronze Star Medal.  

8.  Headquarters, 23d Infantry Division General Orders Number 03016, dated 
18 March 1971, show the applicant received the Army Commendation Medal with First Oak Leaf Cluster.  

9.  Headquarters, 197th Infantry Brigade General Orders Number 219, dated 
18 October 1971, show the applicant received the first award of the Good Conduct Medal.

10.  There are no orders which show the applicant was awarded secondary MOS 11B40.

11.  The applicant's service personnel records contain an AE Form 2183 (Enlisted Personnel Data), dated 22 February 1973, which shows the applicant's primary MOS was 31G40 (awarded on 12 September 1969).  Item 18 (Other MOS and Date Awarded) on this form shows the entry "None."    

12.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

13.  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 pamphlet shows the 1st Battalion, 20th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

14.  Army Regulation 600-8-22 (Military Awards) 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, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he held secondary MOS 11B40 for two months in 1971 and requests item 17a on his DD Form 214 be amended to show this MOS.   His orders for the Combat Infantryman Badge, dated 7 January 1971, which show his MOS was 11B40 were noted.  However, these orders do not verify the applicant held secondary MOS 11B40 at time he separated in 1974.  Therefore, there is insufficient evidence on which to amend item 17a on his DD Form 214. 

2.  Orders show the applicant received the Combat Infantryman Badge, Good Conduct Medal, Army Commendation Medal with First Oak Leaf Cluster, and Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show these awards. 

3.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's unit (1st Battalion, 20h Infantry) 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 corrected 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 adding the Combat Infantryman Badge, Good Conduct Medal, Army Commendation Medal with First Oak Leaf Cluster, Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal on 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 amending item 17a on 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)                                         AR20090018437





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ABCMR Record of Proceedings (cont)                                         AR20090018437



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