IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100009698 


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 item 23a (Specialty Number and Title) and item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states, in effect, the specialty number shown in Item 23a is incorrect and it should read 11H (Infantry Direct Fire Crewman).  His award of the Combat Infantryman Badge is not listed in Item 24 with his other medals.  His military occupational specialty (MOS) was 11H because he was trained on the 90mm and 106mm recoilless rifles at Fort Polk, LA in 1967-1968.  He was issued and carried a 90mm rifle during his combat tour of duty in the Republic of Vietnam in 1968.  He was not aware of an MOS of 11A.  He is filing a Department of Veterans Affairs (DVA) claim for post traumatic stress disorder for his combat experience in Vietnam.  Having his Combat Infantryman Badge and correct MOS on his DD Form 214 would provide further evidence of his combat experience.  His attached medical record shows his combat injuries.

3.  He provides a copy of page 1 of his Standard Form (SF) 602 (Clinical Record - Narrative Summary), dated 4 May 1971.

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 military records show he was inducted into the Army of the United States on 19 September 1967 in the rank/grade of private (PV1)/E-1.  He was inducted for a period of 2 years.

3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

* item 22 (MOS) shows he was awarded primary MOS 11H on
29 September 1968
* item 31 (Foreign Service) shows he served in Vietnam from 7 March 1968 through 26 May 1968
* item 38 (Record of Assignments) shows he was assigned to Company B, 4th Battalion, 12th Infantry, 199th Infantry Brigade in duty MOS 11H during his service in Vietnam
* item 38 also shows he received "excellent" conduct and efficiency ratings throughout his service, with a period of "unknown" at the time of his transfer to Medical Holding Company, Letterman General Hospital, San Francisco, CA

4.  His records show he was wounded in action in the Vietnam on 7 May 1968 and placed in a patient status on 26 May 1968 and transferred to Letterman General Hospital, San Francisco.  He subsequently appeared before a medical evaluation board and he was found medically unfit for further service.

5.  He was honorably retired on 11 February 1969 in the rank/grade of specialist four (SP4)/E-4and placed on the Temporary Disability Retired List (TDRL).

6.  Item 23a of his DD Form 214 shows MOS as 11A10 (Indirect Fire Crewman).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  There are no orders in his Official Military Personnel File (OMPF) that shows he was awarded the Combat Infantryman Badge.

9.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  It stated the DD Form 214 provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation specified Item 23a would list the Soldier's primary MOS code number and title at the time of release from active duty.

10.  Army Regulation 600-8-22 (Military Awards) specifies the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Republic of Vietnam (USARV) Regulation 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to
4th Battalion, 12th Infantry, his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period
12 December 1966 - 31 August 1970, by Department of the Army General Orders (DAGO) 51, dated 1971.

14.  Department of the Army Pamphlet 672-3 states that DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, USARV and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 23a of his DD Form 214 should reflect his MOS specialty number as 11H.  The evidence shows he was awarded and served in MOS 11H throughout his period of service.  It appears that during the preparation of his DD Form 214 an administrative error occurred and MOS 11A was erroneously entered in Item 23a.  Therefore, he is entitled to correction of item 23a of his DD Form 214 to show his MOS specialty number as 11H.  Correction to the specialty number does not entail correction to his specialty title.

2.  There are no orders showing he was awarded the Combat Infantryman Badge. However, evidence shows he was awarded the Purple Heart as a result of wounds received in action in Vietnam on 7 May 1968.  The evidence of record also shows he served in an infantry MOS and in an infantry unit at the time of his wounding.  This confirms he was personally present and participated in active ground combat while assigned or attached to this infantry unit.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this award.

3.  He completed a qualifying period of service for the first award of the Army Good Conduct Medal.  There is no evidence in the available records which shows he was disqualified for this award.  Therefore, he is entitled to award of the Good Conduct Medal (1st Award) for the period 19 September 1967 through 11 February 1969 and correction of his DD Form 214 to show this award.

4.  The evidence of records confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is also entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct his DD Form 214 to show these unit awards.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Combat Infantryman Badge for actions on 7 May 1968;

	c.  awarding him the Good Conduct Medal (1st award) for the period
19 September 1967 through 11 February 1969; and

	d.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st Award), Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ___________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)                                         AR20100009698



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ABCMR Record of Proceedings (cont)                                         AR20100009698


   
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