IN THE CASE OF:	  

		BOARD DATE:  13 March 2012

		DOCKET NUMBER:  AR20110018349 


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 add military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist) and award of the Combat Infantryman Badge.

2.  The applicant states he served 13 months in a cavalry unit performing MOS 11D duties.

3.  The applicant provides no additional evidence.

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 2 December 1969.  He completed training and was awarded MOS 11E (Armor Crewman).  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.

3.  His record contains the following orders pertaining to his MOS:

* Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, Special Orders Number 42, dated 11 February 1970, assigning him to the U.S. Army Training Center, Armor, Fort Knox, for advanced individual training in MOS 11E
* Headquarters, U.S. Army Training Center, Armor, Fort Knox, Special Orders Number 114, dated 24 April 1970, awarding him MOS 11E
* Headquarters, 25th Infantry Division, Special Orders Number 166, dated 15 June 1970, promoting him to private first class/E-3 in MOS 11E
* Headquarters, 11th Armored Cavalry Regiment, Special Orders Number 4, dated 4 January 1971, promoting him to SP4/E-4 in MOS 11E2T effective 30 December 1970

4.  He was stationed in the Republic of Vietnam from 12 June 1970 through 3 July 1971 where he was further assigned to Troop A, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division, in duty MOS 11E as a loader.  On 1 December 1970, he was assigned to Troop B, 1st Squadron, 11th Armored Cavalry Regiment, in duty MOS 11E as a loader and later in MOS 11B (Light Weapons Infantryman) as an automatic rifleman.  On 17 February 1971, he was assigned to Troop B, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division, in MOS 11E as an armor crewman.

5.  His record contains Headquarters, 1st Training Brigade, U.S. Army Training Center, Armor, Fort Knox, Special Orders Number 61, dated 9 April 1970, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

6.  His record contains Headquarters, 1st Infantry Brigade, 5th Infantry Division, (Mechanized), Special Orders Number 181, dated 30 June 1971, which show he was awarded the Combat Infantryman Badge.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

8.  On 7 July 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with "V" Device
* Army Commendation Medal with 1st Oak Leaf Cluster
* Bronze Star Medal
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  His record is void of any evidence he was trained in, awarded, or performed the duties of MOS 11D at any time.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance for preparation of the DD Form 214.  It stated that item 23a (Specialty Number and Title) shows the primary MOS code number and title.

11.  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 qualifying period of active duty enlisted service.  This period is 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.

12.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  The same regulation states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns:

* Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII
* Consolidation I

13.  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.  Department of the Army General Orders (DAGO) Number 55, dated 1971, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit during the period 1 March to 30 October 1970.  In addition, DAGO Number 43, dated 1972, announced award of the Valorous Unit Award to his unit for the period 1 May through 29 June 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he was trained in, awarded, and promoted in  MOS 11E.  He served in this MOS as well as MOS 11B in the Republic of Vietnam.  There is no evidence in his available records and he provides no evidence which shows he was officially trained in, awarded, or performed in MOS 11D.

2.  Notwithstanding his sincerity, in the absence of official documentary evidence that conclusively shows he held primary MOS 11D there is insufficient evidence to change or add MOS 11D to his DD Form 214.

3.  The applicant served honorably during the period 2 December 1969 through 7 July 1971.  He attained the rank/grade of SP4/E-4 and received all "excellent" conduct and efficiency ratings throughout his service.  His file contains no information which would have disqualified him for the award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  Special orders contained in the applicant's record awarded him the Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, it would be appropriate to correct his DD Form 214 to show these badges.

5.  Records show he was previously awarded the Vietnam Service Medal.  The evidence shows he participated in three campaigns during his Republic of Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear with his previously-awarded Vietnam Service Medal.

6.  DAGOs awarded his unit in Vietnam the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 2 December 1969 through 7 July 1971;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) to his DD Form 214.

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 adding MOS 11D to his 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)                                         AR20110018349



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ABCMR Record of Proceedings (cont)                                         AR20110018349



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