IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100019347 


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 awards of the Bronze Star Medal, Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device, Army Good Conduct Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Bronze Star, and his duty military occupational specialty (MOS) of 11B.

2.  The applicant states, in effect, he was assigned as a Light Weapons Advisor in duty MOS 11B while on his second tour of duty in Vietnam and it is noted on item 8 (Duty MOS) of his DA Form 20 (Enlisted Qualification Record) but not on his DD Form 214.  He further states item 31 (Foreign Service) of his DA Form 20 shows his tour of Vietnam ended on 24 December 1970 but should reflect 27 December 1970 which is the date he left Vietnam.

3.  The applicant provides:

* his DD Form 214
* his DA Form 20
* two orders
* an award certificate
* a copy of a photograph
* a copy of self-authored typed statement


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 enlisted in the Regular Army on 23 May 1968 and he held MOS 35B (Electronic Instrument Repairer).  He served in Vietnam from on or about 16 May 1969 to 27 December 1970 while assigned to the Troop Command, U.S. Army Depot Qui Nhon; U.S. Army Advisory Group; and U.S. Military Assistance Command, Vietnam (USMACV).

3.  Headquarters, U.S. Army Support Command, Qui Nhon, General Orders (GO) Number 350, dated 1 April 1970, awarded him the Army Commendation Medal for meritorious service in Vietnam from May 1969 to April 1970.

4.  Headquarters, USMACV, GO Number 7700, dated 30 November 1970, awarded him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and behavior for the period 23 May 68 to DOSOA [date of separation on or about] 24 December 1970.

5.  On 28 December 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 7 months, and 6 days of total active service.  His DD Form 214 shows the following entries:

	a.  Item 23a (Specialty Number and Title) shows the entry "35B3O Electronic Instrument Repairer." 

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal.

	c.  Item 30 (Remarks) shows he served in Vietnam from 12 May 1969 to 27 December 1970.

6.  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as a sharpshooter with the M-14 rifle on 1 July 1968 and as an expert with the M-16 rifle on 16 April 1969.

7.  Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from on or about 12 May 1969 to on or about 24 December 1970.

8.  Item 38 (Principal Duty) of his DA Form 20 does not show he served in MOS 11B.  Additionally, this item shows he departed Vietnam in a casual status on 27 December 1970

9.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Combat Infantryman Badge.  His records do not contain orders awarding him the Combat Infantryman Badge.

10.  Headquarters, USMACV GO Number 8098, dated 31 December 1970, awarded him the Bronze Star Medal for meritorious service in Vietnam for the period July 1970 to December 1970.

11.  MACAG Form Letter 20 (Authorization for Individual Foreign Award), issued by USMACV, dated 29 April 1971, authorized him to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star for exemplary service under enemy fire on 2 October 1970.

12.  Headquarters, USMACV GO Number 2625, dated 28 June 1971, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations while serving as a Light Weapons Advisor in Vietnam on 3 December 1970.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, 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 Vietnam Regulation 672-1 (Decorations and Awards) 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.


14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, he participated in the following five campaigns:

* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to
28 March 1973.

16.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

17.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It is important that information entered on the form should be complete and accurate.  This regulation specifies that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Item 23a of the version in effect at the time showed the Soldier's primary MOS upon separation, obtained from his or her records.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Good Conduct Medal (1st Award), Bronze Star Medal, Republic of Vietnam Gallantry Cross with Bronze Star, and the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device which are 


not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The evidence of record shows he was awarded the Vietnam Service Medal and that he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to a silver service star to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this award.

4.  His records show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the 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 awards.

5.  With respect to his dates of service in Vietnam as shown on the DA Form 20, the DA Form 20 (which is now obsolete) was created, maintained, and updated while the Soldier is on active duty.  Upon separation from active duty, the DA Form 20 is no longer maintained or updated.  Nevertheless, his DD Form 214 correctly reflects this service from 12 May 1969 to 27 December 1970.

6.  With respect to the Combat Infantryman Badge, his duty assignment in Vietnam as a Light Weapons Advisor is not in question.  However, the Combat Infantryman Badge is awarded to infantry Soldiers who have an infantry MOS.  He held a communications MOS.  There is no evidence in the available records and he did not submit substantiating evidence that shows he held an infantry MOS.  Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge or correction of his records to show his MOS as 11B.

7.  Only the primary MOS was recorded on the DD Form 214, not the duty MOS.  Therefore, his duty MOS of 11B, Light Weapons Advisory, was properly not shown on his DD Form 214.

8.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



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

	b.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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 award of the Combat Infantryman Badge and correction of his DD Form 214 to show his MOS as 11B.



      _______ _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)                                         AR20100019347



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ABCMR Record of Proceedings (cont)                                         AR20100019347



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