IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110011175 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* date of birth as 3 August 1948 instead of 8 August 1948
* military occupational specialty (MOS) as 05C2O
* award of the Combat Infantryman Badge (CIB)
* award of the Expert Marksmanship Qualification Badge with Rifle Bar 
(M-16)

2.  He states the errors on his DD Form 214 were due to clerical oversight.

3.  He provides the following:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Self-authored statement
* State of Michigan Certificate of Live Birth 
* Honorable Discharge Certificate

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 was inducted into the Army of the United States on 15 March 1968.  His date of birth was listed as 8 Axx 19xx.  After completing basic combat and advanced individual training, he was awarded MOS 05C (Radio Teletype Operator).  He served in the Republic of Vietnam from 28 October 1968 to on about 21 October 1969.  He was honorably released from active duty on 
23 October 1969 and credited with 1 year, 7 months, and 9 days of active duty service.

3.  During his tenure of service in Vietnam he was assigned to Headquarters and Headquarters Company, 11th Infantry Brigade in MOS 05C as a radio teletype operator.

4.  His DD Form 214 and/or DD Form 215 shows in:

* item 9 (Date of Birth), 8 Axx 19xx
* item 23a (Specialty Number and Title), "0%C20" Radio Teletype Operator
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-14)
* Army Commendation Medal
* Army Commendation Medal (1st Oak Leaf Cluster)
* Two overseas service bars

5.  His military service records do not contain any orders awarding him the CIB.

6.  Special Orders Number 237, dated 2 October 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  His DA Form 20 (Enlisted Qualification Record) shows his date of birth as 
8 August 1948.  However, his security clearance and his medical history reports show his date of birth as 3 August 1948.

8.  His DA Form 20 also shows he received all "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any Article 15's, courts-martial, or any other type of adverse action.

9.  He provided his certificate of birth that shows his date of birth as 3 August 1948.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to 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 3 to Annex A of USARV Regulation 672-1 listed positions which qualified for award of the CIB.  The regulation authorized award of the CIB to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

11.  Review of his DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

12.  Army Regulation 672-5-1 (Awards) provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 
1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows Headquarters and Headquarters Company, 11th Infantry Brigade was cited for the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 2, dated 1971.  
15.  Appendix B of Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's date of birth on his record of induction and his DA Form 20 is listed as 8 August 1948.  His date of birth on his security clearance and his medical history reports is listed as 3 August 1948.  It appears that both 3 August 1948 and 8 August 1948 were used as his date of birth throughout his military service.  However, his certificate of birth verifies that his date of birth is 3 August 1948.  Therefore, in the interest of equity it would be appropriate to correct his DD Form 214 to show his date of birth as 3 August 1948 instead of 8 August 1948.

2.  It is obvious that an error occurred during the processing of his DD Form 214 because his MOS is listed as "0%C20" instead of "05C2O."  Therefore, he is entitled to correction of his records to show his correct MOS. 

3.  There is no evidence in the available records to show that he was awarded or entitled to award of the CIB.  Although the evidence shows he was a radio operator serving with an infantry unit, there is no evidence to show he was personally present while the unit was engaged in active ground combat and actively participated in such ground combat.  In view of these facts, there is an insufficient basis for award of the CIB.

4.  Orders verify he is entitled to correction of his records to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to the first award of the AGCM for the period 15 March 1968 through 23 October 1969 and to correction of his DD Form 214 to show this award.

6.  The applicant was assigned in the Republic of Vietnam from 28 October 1968 to on about 21 October 1969, more than 6 months.  Therefore, he is entitled to the award of the Republic of Vietnam Campaign Medal with Device (1960) and to correction of his DD Form 214 to show this award.

7.  The evidence shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn on his VSM.  Therefore, he is entitled to have them added 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:

	a.  awarding him the AGCM (1st Award) for the period 15 March 1968 through 23 October 1969.

	b.  deleting from his DD Form 214 the following:  

* item 9, "8 August 1948"
* item 23a, "0%C20"
* item 24, Vietnam Service Medal

	c.  adding to his DD Form 214 the following:  

* item 9, "3 August 1948"
* item 23a, "05C2O"
* Item 24, AGCM (1st Award), VSM with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, 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 CIB.



      ____________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)                                         AR20110011175





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011175



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1