BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110015293 


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) and to show his military occupational specialty (MOS) as 11B (Light Weapons Infantryman) and award of any additional awards and decorations to which he is entitled.

2.  He states these errors have existed since his discharge and he needs them corrected in order to receive the medals he earned while serving in the Republic of Vietnam and also to make his medical and personnel records accurate.  He needs the requested corrections to assist in substantiating his claims with the Department of Veterans Affairs.  He was proud to serve his Country and wants these medals to pass on to his children and grandchildren.

3.  He provides 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 record shows he was inducted into the Army of the United States on 10 January 1968 and he held military occupational specialty 94B (Cook).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.  On 13 August 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 22 (MOS) shows he was awarded primary MOS of 94B on 10 May 1968 and secondary MOS 11B on 6 May 1969.

	b.  Item 27 (Military Education) shows he completed the 8 week Cook course and was awarded MOS 94B in 1968.

	c.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 11 July 1966 to 12 August 1969.

	d.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he:

		(1)  served in MOS 94B as a cook in Headquarters and Headquarters Company, 173rd Airborne Brigade from 20 July 1968 to 5 May 1969,

		(2)  served in MOS 11B as an automatic riflemen in Company E, 4th Battalion, 173rd Airborne Brigade from 6  to 24 May 1969, 

		(3)  served in MOS 11B as an automatic riflemen in Company C, 4th Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade from 25 May 1969  to 7 August 1969; and

		(4)  he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.




4.  The DD Form 214 issued to the applicant at the time of his separation contains the following pertinent information:

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachute Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

	b.  Item 23a (Specialty Number and Title) shows his MOS as "94B" and title as "Cook."

	c.  Item 25 (Education and Training completed) of his DD Form 214 shows he completed the 8 week cooking course at Fort Dix, NJ.

5.  The applicant's record is void of any evidence and he has not provided any evidence showing he was awarded 11B as his primary MOS at any time.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal 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.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states 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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the units to which the applicant was assigned were cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 5, dated 1973

9.  Army Regulation 635-5 (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.  In pertinent part, it states 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.  The version of the regulation in effect at the time of the applicant's separation stated the separating Soldier's primary MOS number and title would be entered in item 23a of DD Form 214.  There was no provision for showing a secondary MOS on DD Form 214 at the time.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 10 January 1968 to 13 August 1969 and his DD Form 214 should be corrected to show this award.

2.  DAGO awarded his units the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

3.  Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.



4.  Although the applicant's record shows he was awarded 11B as a secondary MOS and performed the duties of an 11B while serving in the Republic of Vietnam, his record is void of any evidence and he has not provided any evidence showing he was awarded 11B as his primary MOS at any time.  Therefore, he is not entitled to have it shown on his DD Form 214.

5.  The applicant is advised that a copy of this decisional document along with his application will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to his MOS and to satisfy his desire to have his MOS 11B documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x____  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period 10 January 1968 to 13 August 1969,

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214, and

	c.  adding the following awards to item 24 of his DD Form 214:

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




2.  The Board further determined 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 correcting his DD Form 214 to show his primary MOS was 11B.



      ___________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)                                         AR20110015293





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110015293



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1