IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110005202 


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 item 23a (Specialty Number and Title) and item 24 (Decorations, Medals, Badges, Commendations. Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states due to a clerical error these items of his DD Form 214 are in error.  

3.  The applicant provides a National Personnel Records Center (NPRC) letter dated 19 January 2011 in support of his application.  

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 enlisted in the Regular Army on 21 October 1968.  Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 24 May 1969.  There are no other formally awarded MOSs entered in item 22.  

3.  The applicant’s record shows he served in the Republic of Vietnam (RVN) from 20 June 1969 through 22 November 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company B, 
1st Battalion, 61st Infantry Regiment, performing duties in MOS 11B as an assistant machine gunner from 29 June through 24 September 1969; and to Headquarters and Headquarters Company (HHC) of the same unit from 
25 September through 22 November 1969, performing duties in MOS 11C (Infantry Indirect Fire Crewman) as an ammunition bearer.  

4.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he earned the following awards during his active duty tenure:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* Expert Marksmanship Qualification Badge with Rifle Bar 

5.  On 25 November 1969, the applicant was discharged under the provisions of Army Regulation 635-212, by reason of unsuitability and received a general, under honorable conditions discharge (GD).  Item 23a of the applicant's DD Form 214 shows he held MOS 11B at the time of discharge.  Item 24 shows he earned the following awards during his active duty tenure:

* NDSM
* VSM 

6.  The applicant provides an NPRC letter dated 19 January 2011 which shows he was authorized and shipped the NDSM, VSM with 1 bronze service star, CIB, RVN Campaign Medal with Device 1960, and Expert Marksmanship Qualification Badge with Rifle Bar.  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.  


8.  Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN participation credit was granted for the Vietnam Summer-Fall 1969 campaign (9 June-31 October 1969) and Vietnam Winter-Spring 1970 Campaign ( 1 November 1969-30 April 1970).

9.  Paragraph 9-13 of the awards regulation contains guidance on award of the RVN Campaign Medal (RVNCM).  It states the award is authorized for 6 months of service in the RVN during the period 1 March 1961 to 28 March 1973, inclusive.  It further states the Device 1960 will be worn with this award. 

10.  Department of the Army General Orders (DAGO) 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam between 8 February 1962 and 28 March 1973.  

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's separation provided for entering only the primary MOS held at the time of separation in item 23a.  There were no regulatory provisions provided for entering other MOSs held or served in on the DD Form 214.  The guidance for item 24 stated to enter all awards earned during the period covered by the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct item 23a and item 24 of his DD Form 214 has been carefully considered and found to have partial merit.  

2.  The evidence of record confirms the applicant earned the CIB and Expert Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.  It also shows that based on his service and campaign participation in the RVN he is eligible for the RVNCM with Device 1960, RVNGC with Palm Unit Citation, and 2 bronze service stars to be worn with his VSM.  As a result, it would be appropriate to add these awards and decorations to item 24 of his DD Form 214.  

3.  The evidence of record fails to show the applicant was ever formally awarded an MOS other than 11B during his active duty tenure.  Although he performed duties in MOS 11C a short period of time during his RVN assignment, there is no indication he was ever awarded this MOS as a primary, secondary, or additional MOS by proper authority. 


4.  Further, even had the applicant been formally awarded MOS 11C as a secondary or additional MOS, the governing regulation in effect at the time provided for entering only the primary MOS held at the time of separation in item 23a of the DD Form 214.  As a result, there is an insufficient evidentiary basis to support adding an additional MOS to his DD Form 214. 

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 amending item 24 of his DD Form 214 as follows:

	a.  deleting the current Vietnam Service Medal and adding "Vietnam Service Medal with 2 bronze service stars”; and 

	b.  adding the Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with Rifle Bar.  

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 correction of item 23a of the 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)                                         AR20110005202



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ABCMR Record of Proceedings (cont)                                         AR20110005202



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