IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100027475 


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 amend item 23a (Specialty Number and Title).

2.  He states his military occupational specialty (MOS) was 11B1P (Airborne Infantry).  He was assigned to the 82nd Airborne Division from April 1968 to November 1969. 

3.  He provided a copy of his DD Form 214.  

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.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he enlisted in the Regular Army on 6 September 1967 for 3 years.  Item 13 (Initial Assignment) contains the entry “Airborne.” 

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

* Item 22 (Military Occupational Specialties) – awarded MOS 11B (Light Weapons Infantryman) on 19 January 1968
* Item 28 (Specialized Training) – completed the Basic Airborne Course on 9 February 1968
* Item 31 (Foreign Service):

* Served one month in Vietnam from January through February 1970
* Assigned to Okinawa from 16 February 1970 through 12 January 1971 

* Item 38 (Record of Assignments) – he served in duty MOS 11B1P and 11B2P, and during his tour in Vietnam he was assigned to Company A, 4th Battalion, 23rd Infantry Regiment, 23rd Infantry Division 
* Item 41 (Awards and Decorations):

* Parachutist Badge per Headquarters (HQS), Training Support Battalion, Special Orders (SO), dated 9 February 1968
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  His records contain HQS, U.S. Army Personnel Center, SO Number 32 Extract, dated 1 February 1971.  These orders show he was released from active duty (REFRAD) not by reason of physical disability and transferred to the U.S. Army Reserve (USAR), Control Group (Reinforcement) for completion of his Reserve service obligation.  His MOS is shown as 11B1P.

5.  Accordingly, on 1 February 1971, he was REFRAD and transferred to the USAR.  Item 23a of his DD Form 214 shows his MOS as 11B1O.  He completed a total of 2 years, 10 months, and 24 days of net active service and 1 year and 22 days of foreign and/or sea service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam (RVN) Campaign Medal with Device (1960).

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

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows during the period of his assignment with Company A, 4th Battalion, 23rd Infantry Regiment, 23rd Infantry Division, his unit was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 5, dated 1973 and the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

8.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  The Vietnam Winter-Spring Campaign (1 November 1969 – 
30 April 1970) coincides with his period of service in Vietnam. 

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.  

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that 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.  In pertinent part, it directs that the primary MOS code number and title will be entered in item 23a on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he completed training for MOS 11B on 
19 January 1968, and the Basic Airborne Course on 9 February 1968.  As a result he was awarded the Parachutist Badge which is not shown on his 
DD Form 214.  Therefore, it would be appropriate to correct his records to add this badge.  

2.  He served in duty MOSs 11B1P and 11B2P throughout his career.  His separation orders from the Army show his MOS as 11B1P.  Therefore, it would be appropriate to amend item 23a of his DD Form 214 to show his MOS as 11B1P.

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

4.  His records also show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, it would be appropriate to add these qualification badges to item 24 of his DD Form 214. 

5.  He was previously awarded the VSM.  His records show he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to award of one bronze service star for wear on his previously-awarded VSM.

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 amending his DD Form 214 as follows:

   a.  deleting MOS 11B1O from item 23a; 
   
b.  adding MOS 11B1P to item 23a; 
   
c.  deleting the VSM from his item 24; and 

d.  adding the following awards to item 24:

* Parachutist Badge
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Civil Actions Honor Medal First Class Unit Citation








* VSM with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)




      _______ _   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)                                         AR20100027475





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ABCMR Record of Proceedings (cont)                                         AR20100027475



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