IN THE CASE OF:	  

		BOARD DATE:	    17 February 2011

		DOCKET NUMBER:  AR20100020744 


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:

* change of the military occupational specialty (MOS) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to 11B (Light Weapons Infantryman) to match the MOS on the orders releasing him from active duty
* award of the Combat Infantryman Badge (CIB) 

2.  The applicant states, in effect, Soldiers he served with in Vietnam received the CIB for the same combat experiences. 

3.  The applicant provides:

* a self-authored statement
* orders relieving him from active duty
* his DD Form 214
* three statements from individuals who served with him

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 24 July 1967.  He was honorably relieved from active duty on 23 February 1970 after completing 2 years and 7 months of active military service. 

3.  A DA Form 20 (Enlisted Qualification Record) shows in:

* item 22 (Military Occupational Specialties) he was awarded MOS 71B (Clerk-Typist) on 17 May 1968
* item 31 (Foreign Service) he served in Vietnam from 22 January 1969 to 23 February 1970
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with:

* Headquarters and Headquarters Detachment, 79th Maintenance Battalion, from 25 January to 10 August 1969
* Headquarter and Headquarters Company, 3d Battalion, 8th Infantry, 4th Infantry Division, from 11 August to 20 October 1969
* Company A, 3d Battalion, 8th Infantry, 4th Infantry Division, from 21 October 1969 to 21 February 1970

* item 38 he served in duty MOS 71B throughout his Army service

4.  His DD Form 214 shows in:

* item 23a (Specialty Number & Title) "71B30 Clerk Typist."

* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal with Device (1960)
* Expert and Sharpshooter Marksmanship Qualification Badges 
* 2 Overseas Service Bars

5.  Special Orders Number 8, issued by Headquarters, 4th Infantry Division, on 8 January 1970, promoted him to sergeant/E-5, awarded him primary MOS 11B40, and withdrew primary MOS (PMOS) 71H (Personnel Specialist) and secondary MOS (SMOS) 11B.  The effective date was 27 December 1969.

6.  Special Orders Number 24, issued by the same headquarters on 24 January 1970, reassigned him to Fort Lewis, WA for separation processing.  The orders show his MOS as 71B.

7.  Special Orders Number 54 (Extract), issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, on 23 February 1970, relieved him from active duty effective 23 February 1970 and transferred him to the U.S. Army Reserve.  The orders show his MOS was 11B40.  

8.  The record includes a USAAC Form 816 (MOS Classification), dated 9 April 1970, showing an analyst confirmed he was properly classified in PMOS 11B.  

9.  The record is void of documentation showing he was awarded the CIB.

10.  The record is void of documentation showing he served in combat as an infantryman.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the CIB to the applicant.  

12.  In his self-authored statement, he states, in effect, after returning to Vietnam following emergency leave he requested transfer from duty as a clerk in a supply depot to field duty.  His request was approved, and he was transferred to the 4th Infantry Division in July 1969.  In August 1969, he was assigned duty as a squad leader.  He continues, recounting three combat actions he participated in during the period September 1969 to January 1970.

13.  The statements he provides from individuals who served with him corroborate his account of the combat actions he participated in.

	a.  Major (MAJ) (Retired) E_____ C. W_____ states he recalls two occasions when he was with the applicant in combat.  He states the applicant was present during combat action at Landing Zone (LZ) Sherida and later the applicant's platoon was sent to rescue him when the helicopter he was on was shot down.  

	b.  Mr. C____ B______ states the applicant was his first squad leader in Vietnam and he was in the applicant's squad during combat action at LZ Sherida.  He states he received the CIB for that action.  He also states he served with the applicant on numerous combat assault missions and on numerous combat patrols.  
	c.  Mr. C______ D. K____ states he has known the applicant since he arrived at the 3d Battalion, 8th Infantry in 1969.  He confirms the applicant was in combat at LZ Sherida and that the applicant and Mr. C____ B______ served together in combat. 

14.  A review of records in ADCARS confirms the individuals who provided statements were assigned to the 3d Battalion, 8th Infantry, during the applicant's period of service with the unit.  

15.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

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

17.  General Orders Number 7852, issued by Headquarters, 4th Infantry Division, on 12 December 1969, announced award of the Army Commendation Medal (ARCOM) (1st Oak Leaf Cluster) to him for his meritorious service during the period July 1969 to January 1970.  

18.  His DA Form 20 shows in item 38 he received all "excellent" conduct and efficiency ratings, and his record is void of documentation showing he was subject to any disciplinary actions during his Army service.

19.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

20.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  His service in Vietnam coincides with the following campaigns:

* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

21.  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 the 3d Battalion, 8th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970, as confirmed by Department of the Army General Order (DAGO) Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969, as confirmed by DAGO Number 53, dated 1970

22.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  

	a.  The version of the regulation in effect at the time provided that all available records would be used as the basis for preparation of the DD Form 214.  

	b.  It stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized in item 24.

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports the applicant's request to change the MOS on his DD Form 214 and to be awarded the CIB.

2.  Special orders awarded him PMOS 11B, and the orders relieving him from active duty also show he held MOS 11B.  After his release from active duty, 11B was confirmed as his PMOS.  It appears his DA Form 20 was not updated to reflect this, which may have led to the erroneous entry in item 23a on his DD Form 214.  Regardless of the circumstances, the evidence shows he held MOS 11B40 at the time of his release from active duty.  Accordingly, he is entitled to correction of his DD Form 214 to show MOS 11B.

3.  Statements in support of his application show he spent his last months in Vietnam assigned to an infantry company serving as an infantry squad leader.  The statements also confirm he served in combat.  The preponderance of evidence indicates he met all criteria for award of the CIB.  Therefore, it would be appropriate to award him the CIB and correct his record to show this award.

4.  General orders awarded him the ARCOM (1st Oak Leaf Cluster).  He is entitled to correction of his record to show this award.

5.  He served honorably during the period 24 July 1967 through 23 February 1970 and received all "excellent" conduct and efficiency ratings.  He was not the subject of any disciplinary actions during his military service.  It would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of Federal military service.  He is entitled to correction of his record to show this award.

6.  The applicant was awarded the VSM.  His records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of four bronze service stars for wear on the previously-awarded VSM.

7.  General orders confirm the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These awards are not shown in his record.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.



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.  awarding him the CIB

	b.  awarding him the AGCM (1st Award) for his service from 24 July 1967 through 23 February 1970

	c.  deleting from his DD Form 214:

* from item 23a "71B30 Clerk Typist" 
* from item 24"VSM" 

	d.  adding to his DD Form 214:

* to item 23a "11B40 Light Weapons Infantryman"
* to item 24:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 


* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100020744





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ABCMR Record of Proceedings (cont)                                         AR20100020744



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