IN THE CASE OF:	

		BOARD DATE:	7 June 2011

		DOCKET NUMBER:  AR20100028976


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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB) and the correct military occupational specialty (MOS). 

2.  The applicant states that he was awarded the CIB, but it is not listed on his DD Form 214, and the wrong MOS is listed on the DD Form 214.

3.  The applicant provides copies of his DD Form 214 and orders awarding him the CIB on 6 June 1968.

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 19 August 1965.  He completed training and he was awarded MOS 11H (Heavy Anti-Armor Weapons Infantryman).  

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

	a. item 22 (Military Occupational Specialties):

		(1)  primary MOS (PMOS) 11B2P, Light Weapons Infantryman, effective 
1 August 1967, 

		(2)  11F2P, Intelligence, effective 1 December 1968, and 

		(3)  05B2P, Radio Operator effective 1 February 1968.

	b.  item 38 (Record of Assignments) that he was assigned in Vietnam to Company C, 2d Battalion, 502d Infantry from 2 July 1967 to 14 October 1967, and to Company E, 20th Infantry from 15 October 1967 to on or about 18 June 1968; and that he had all "excellent" conduct and efficiency ratings

	c.  item 41  (Awards, Decorations) the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Vietnam Campaign Medal
* one overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

4.  On 21 June 1968, he was honorably released from active duty as a specialist four (SP4)/E-4.  He had completed 2 years, 10 months, and 3 days of active service during this period.

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

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Vietnam Campaign Medal 
* two overseas service bars
* Parachutist Badge 

6.  Item 23a (Specialty Number & Title) contains the entry, "o5B2P Radio Op."

7.  His records contain Special Orders Number 213, Headquarters, 1st Brigade, 101st Airborne Division, dated 1 August 1967, which show he was appointed as a SP4.  This order also announces he was awarded PMOS 11B2P and PMOS 11H1P was withdrawn.

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

9.  In support of his request he provides Special Orders Number 158, issued by Headquarters, 4th Infantry Division, dated 6 June 1968, which announce he was awarded the CIB.

10.  Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  There must have been no convictions by a court-martial.  

11.  Army Regulation 600-8-22 (Military Awards) 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase III 
* Tet Counteroffensive 
* Vietnam Counteroffensive Phase IV

12.  Army Regulation 635-5 (Personnel Separations - 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 for item 23a (Specialty Number and Title), enter the primary MOS code number and title.

13.  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 a unit to which the applicant was assigned was cited the award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 October 1967 - 10 October 1968, by Department of the Army General Orders (DAGO) Number 53, dated 1970.

14.  Department of the Army General Orders Number 8, dated 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant's records show he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings and honorable discharge.  There is no record of conviction by a court-martial or other evidence of disqualification.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.   Records show he participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  His units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The applicant was awarded MOS 11H upon completion of his training and, according to his DA Form 20, he performed duty in that MOS during his assignment to Vietnam.  He was reclassified into PMOS 11B2P upon appointment to SP4.  Army Regulation 635-5 prescribed that the Soldier’s primary MOS code number and title would be entered in item 23a.  The applicant was awarded MOS 11B2P and that was his primary MOS when the DD Form 214 was issued on 21 June 1968.  His DD Form 214 should be corrected.


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 Army Good Conduct Medal (1st Award) for the period 19 August 1965 to 21 June 1968,

     b.  deleting from item 13 of his DD Form 214 the Vietnam Service Medal, 

     c.  deleting the entry in item 23a of his DD Form 214, 

     d.  adding to item 13 of his DD Form 214 the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

      e.  adding to item 23a of his DD Form 214 the entry 11B2P (Light Weapons 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)                                         AR20100000026



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ABCMR Record of Proceedings (cont)                                         AR20100028976	



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