IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110016219 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was born in Las Piedras, Puerto Rico, that his last duty assignment was Company A, 4th Battalion, 196th Light Infantry Brigade, Americal Division, that his military occupational specialty (MOS) is 11B4O and that he was awarded the Bronze Star Medal (BSM).

2.  The applicant states, in effect, that his DD Form 214 incorrectly shows that he was born in Rio Piedras, Puerto Rico, that his last duty assignment was Company C, 46th Infantry Regiment, 1st Armored Division, that his MOS was 81B4O and is missing his award of the BSM.    

3.  The applicant provides no additional documents with 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 was inducted at Fort Brooke, Puerto Rico on 20 September 1966.  At the time of his induction he indicated that his place of birth was Las Piedras, Puerto Rico and his records were annotated accordingly.

3.  He completed his basic training at Fort Benning, Georgia and his advanced individual training as a light weapons infantryman in MOS 11B10 at Fort Gordon, Georgia and was transferred to Vietnam on 9 May 1967.  He was assigned to Company A, 2d Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade and on 15 April 1968 he was promoted to the rank of sergeant in MOS 11B4O and on 7 April 1968 he was awarded the BSM in General Orders Number 1820 issued by Headquarters, Americal Division.

4.  After serving in four campaigns, the applicant departed Vietnam on 7 May 1968 and was transferred to Fort Hood, Texas and was assigned to Company C, 4th Battalion, 46th Infantry Regiment, 1st Armored Division.

5.  On 6 September 1968 he was transferred to Fort Hamilton, New York for assignment to the Transfer Station where he was honorably released from active duty (REFRAD) on 19 September 1968 due to the expiration of his term of service (ETS).  He had served 2 years of total active service.  

6.  His DD Form 214 issued at the time of his REFRAD reflects that his place of birth was Rio Piedras, Puerto Rico, that his last duty assignment was Company C, 4th Battalion, 46th Infantry Regiment, 1st Armored Division, and that his specialty number was 81B4O.  His DD Form 214 also does not contain his award of the BSM but does reflect awards of the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal with Device “1960 and the Vietnam Service Medal.

7.  A review of the applicant's records shows the applicant had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the FSM's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit. 

10.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

 DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his place of birth is incorrectly reflected on his DD Form 214 has been noted and found to have merit.  He was born in Las Piedras, Puerto Rico and his DD Form 214 reflects Rio Piedras, Puerto Rico.  Accordingly, his DD Form 214 should be corrected to reflect his place of birth as Las Piedras, Puerto Rico.

2.  His contention that his last duty assignment is incorrectly reflected on his DD Form 214 has also been noted.  However, his contention appears to lack merit. His official records clearly show that the unit reflected on his DD Form 214 was the last unit he was assigned to before being transferred to the Transfer Station at Fort Hamilton.  Therefore, in the absence of evidence to show otherwise, there appears to be no basis to change that entry. 

3.  The applicant’s contention that his primary specialty is incorrectly reflected on his DD Form 214 has been noted and found to have merit.  The applicant’s primary specialty was 11B4O and it is incorrectly reflected as 81B4O.  Accordingly, his DD Form 214 should be corrected to reflect in block 21 that his primary specialty is 11B4O.

4.  The applicant’s contention that his award of the BSM was omitted from his DD Form 214 has been noted and found to have merit.  The applicant was awarded the BSM in official orders and it should be added to his DD Form 214 at this time.

5.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 20 September 1966 to 19 September 1968 and his DD Form 214 should be corrected to show this award.

6.  Additionally, the applicant served in four campaigns and is authorized to wear four bronze service stars on his Vietnam Service Medal and the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, he is entitled to have those awards added 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:

* Deleting the entry “Rio Piedras, Puerto Rico” from block 8 of his DD Form 214
* Adding the entry “Las Piedras, Puerto Rico” in block 8 of his DD Form 214
* Deleting the entry “81B4O” from block 23 of his DD Form 214
* Adding the entry “11B4O” to block 23 of his DD Form 214
* Deleting the award of the Vietnam Service Medal from block 24 of his DD Form 214
* Adding the award of the Vietnam Service Medal with four bronze service stars to block 24 of his DD Form 214
* Adding the awards of the BSM and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to block 24 of his DD Form 214
* Awarding him the AGCM (1st Award) for the period 20 September 1966 to 19 September 1968 and adding it to block 24 of his DD Form 214 
 
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 changing the last unit of assignment in block 12 of his DD Form 214.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20110016219





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016219



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1