IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100013283 


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 his specialty as an infantryman instead of a personnel specialist and award of the Army Commendation Medal. 

2.  The applicant states he completed infantry school at Fort Ord, CA, and he was awarded MOS 11B (Light Weapons Infantryman).  He was subsequently assigned to Company E, 6th Battalion, 31st Infantry as an infantryman.  He and others were assigned to clean a mess hall when the personnel sergeant asked if anyone could type.  He volunteered and was ultimately placed in the orderly room.  However, when the unit shipped to Vietnam, he was assigned to the reconnaissance platoon.  He is unaware of any official documents changing his MOS to 71H (Personnel Specialist).  He also states he was awarded two awards of the Army Commendation Medal.

3.  The applicant provides his DD Form 214, two Army Commendation Medal certificates, an Honorable Discharge Certificate, and his U.S. Army Reserve (USAR) Discharge Orders.

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 9 May 1967.  He completed basic combat and advanced individual training and was awarded MOS 11B.  He was subsequently assigned to Company E, 6th Battalion, 31st Infantry, Fort Lewis, WA, in MOS 11B, on 3 November 1967.

3.  On 18 January 1968, Headquarters, 6th Battalion, 31st Infantry, Fort Lewis, WA, published Special Orders Number 13 awarding him primary MOS 71H and withdrawing MOS 11B.

4.  On 1 March 1968, Headquarters, 6th Battalion, 31st Infantry, Fort Lewis, WA, published Special Orders Number 6 assigning him duties as alternate mail clerk.

5.  His records show he served in Vietnam from on or about 6 April 1968 to 
5 April 1969, with the same unit, in MOS 71H, as a company clerk.

6.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 6 April 1969 and he was transferred to the USAR Control Group to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he completed 1 year, 10 months, and 28 days of creditable active service. Additionally, this form shows in:

	a.  item 23a (Specialty Number and Title), the entry "71H2O, PERS(ONNEL) SPEC (IALIST)"; and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Army Commendation Medal.

7.  Headquarters, 9th Infantry Division, published the following General Orders (GO):

   a.  GO Number 8233, dated 10 September 1968, awarding him the Army Commendation Medal for achievement from 25 April to 25 July 1968;
   b.  GO Number 11580, dated 26 December 1968, awarding him the Army Commendation Medal (1st Oak Leaf Cluster) for achievement from 1 to 27 November 1968; and

   c.  GO Number 3381, dated 21 March 1969, awarding him the Army Commendation Medal (2nd Oak Leaf Cluster) for service from January 1968 to March 1969.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  During the Vietnam War, item 21 of the DD Form 214 showed the specialty number and title at the time of separation.

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

10.  Headquarters, U.S. Army Training Center (Armor), Fort Knox, KY, Special Orders Number 180, dated 29 June 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  Headquarters, 6th Battalion, 31st Infantry, Fort Lewis, WA, Special Orders Number 33, dated 24 December 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

12.  Headquarters, Department of the Army, published the following GO pertaining to the 6th Battalion, 31st Infantry:

   a.  GO Number 43, dated 1943, awarded his unit the Valorous Unit Award for service from 6 to 12 May 1968;
   
   b.  GO Number 31, dated 1969, awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 December 1966 to 
30 June 1968; and 
   
   c.  GO Number 59, dated 1969, awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows he participated in the Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968), Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968), Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969), and TET Counteroffensive (23 February 1969 – 8 June 1969), campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  Furthermore, the applicant's records contain no derogatory information that would have disqualified him from being awarded the Good Conduct Medal.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 
3 years except in those cases when the period for the first award ends 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.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him three awards of the Army Commendation Medal, two of which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show three awards of the Army Commendation Medal.

2.  General orders show his unit was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class 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. 

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal and to correction of his DD Form 214 to show this award.

4.  The evidence of record shows he served honorably from 9 May 1967 through 6 April 1969.  He received "excellent" efficiency and conduct ratings throughout his military service, attained the rank/grade of SP5/E-5, and completed a tour in the Republic of Vietnam.  In the absence of any derogatory information 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.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 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. 

6.  With respect to his specialty, the available evidence indicates the applicant was trained in MOS 11B; however, upon his arrival at Fort Lewis, WA, and during his service in Vietnam, he was awarded MOS 71H.  He held this MOS at the time of his release from active duty and it is correctly shown 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 9 May 1967 through 6 April 1969; 

	b.  deleting from item 24 of his DD Form 214 the Army Commendation Medal; and 

	c.  adding to item 24 of his DD Form 214 the Army Commendation Medal (2nd Oak Leaf Cluster), Army Good Conduct Medal (1st Award), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and four 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 changing the applicant’s primary specialty to show that he was an infantryman. 



      _______ _   _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)                                         AR20100013283



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ABCMR Record of Proceedings (cont)                                         AR20100013283



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