IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100016786


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 add the Bronze Star Medal and Purple Heart, and amendment of item 23a (Specialty Number and Title) to add Military Occupational Specialty (MOS) 11B2O (Light Weapons Infantryman).

2.  The applicant states the omission of these items was an oversight on his original DD Form 214 and he would like them corrected.  

3.  The applicant provides:

* DD Form 214
* General Orders Number 111
* General Orders Number 2406
* Unit Orders Number 25

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 record shows he was inducted into the Army of the United States for two years on 12 August 1966.  He completed training and was awarded MOS 11B.  The highest rank/grade he attained while serving on active duty was specialist five/E5.

3.  He served in the Republic of Vietnam from 16 January 1967 to 15 January 1968.  During this period he was assigned to the 25th Infantry Division in the following units:

* Troop A, 3rd Squadron, 4th Cavalry Regiment, from 21 January to          14 December 1967
* Headquarters and Headquarters Company, 1st Battalion, 5th Infantry Regiment, from 15 December 1967 to 11 January 1968

4.  He was honorably released from active duty on 9 August 1968, at the expiration of his term of service, and was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  He was credited with 1 year, 11 months, and 27 days of total active service, with 1 year of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

6.  He provides:

   a. General Orders Number 111, Headquarters, 25th Infantry Division, dated 8 January 1968, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period January 1967 to December 1967.

   b. General Orders Number 2406, Headquarters, 25th Infantry Division, dated 8 January 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force, in the Republic of Vietnam, on 18 June 1967.
   c. Unit Orders Number 25, Troop A, 3rd Squadron, 4th Cavalry Regiment, dated 18 May 1967, appointing him to the temporary grade specialist four/E4 and awarding him MOS 11B2O.

7.  Special Orders Number 260, issued by Headquarters, 25th Infantry Division, dated 17 September 1967, awarded him the primary MOS 64B2O (Heavy Vehicle Driver) and the secondary MOS 11B2O.  

8.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

9.  Special Orders Number 208, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, dated 1 December 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar (XM16E1).

10.  Special Orders Number 77, issued by Headquarters, 15th Military Intelligence Battalion, Fort Bragg, NC, dated 4 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  Item 38 (Record of Assignments) of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  Additionally, his service record does not contain information showing convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  There is also no evidence of a commander's disqualification for award of the Army Good Conduct Medal.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It further provides that item 23a will contain the separating Soldier's primary MOS, code number, title, and date of award.  

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, states 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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows his unit of assignment, 1st Battalion, 5th Infantry Regiment, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by DAGO Number 51, dated 1971

15.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal and states 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, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)

16.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar.  

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded him the Bronze Star Medal and the Purple Heart; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record shows he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings throughout his service.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 12 August 1966 through 9 August 1968, and correction of his DD Form 214 to show this award.

3.  Special Orders awarded him the Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar (XM16E1) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show these awards. 

4.  General Orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Records show he participated in 2 campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show 2 bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  With regard to his request for amendment of item 23a to add MOS 11B2O, the evidence of record shows that his latest MOS award established MOS 64B2O as his primary MOS.  Army Regulations governing the preparation of separation documents required the listing of a Soldier's primary MOS at the time of separation; therefore, his DD Form 214 is correct as stated and he is not entitled to amendment of his DD Form 214 to add MOS 11B2O to item 23a.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 awarding him the Army Good Conduct Medal (first award) for the period
12 August 1966 through 9 August 1968, and by amending item 24 of his DD Form 214 to add the:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal (first award)
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal (First Class) Unit Citation
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar (XM16E1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined 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 amendment of item 23a of 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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100016786



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1