IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110023591
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 DA Form 20 (Enlisted Qualification Record) to show the military occupational specialty (MOS) of 72B, Communications Center Specialist, for his period of service in Vietnam from 1970 to 1971.
2. The applicant states:
* Item 38 (Record of Assignments) of his DA Form 20 lists his MOS as 71H, Personnel Management Advisor, during his period of service in Vietnam in 1970-1971; that is an error as he never was a personnel administrative advisor, he was radio communications during that time
* he was in almost every single village and hamlet in the IV Corps in Vietnam; he was often dropped off alone in a village by Air America or chopper to meet with village and hamlet chiefs to set-up communications and report enemy activity as part of the Phoenix Program
3. The applicant provides:
* citation and certificate for the Bronze Star Medal
* DD Form 214 (Report of Separation from Active Duty)
* articles titled, "The Village Radio" and "CIA and Operation Phoenix in Vietnam"
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 military records show he enlisted in the Regular Army (RA) on 22 August 1962. He completed basic combat and advanced individual training and he was awarded MOS 723.10 (Communication Center Specialist) on or about December 1962.
4. He was honorably discharged for the purpose of immediate reenlistment on 12 December 1963. His DD Form 214 for this period of service shows his primary specialty as 186.10 (Air Defense Systems Crewman).
5. He reenlisted in the RA for 6 years on 13 December 1963.
6. His DA Form 20 shows he served in Vietnam from on or about 13 January 1966 to on or about 21 June 1967. Item 38 (Record of Assignment) of his DA Form 20 shows he performed duties of communications center specialist in MOS 72B.
7. He was honorably discharged on 14 June 1967. Item 25a (Specialty Number) of his DD Form 214 for this period of service shows his MOS as 72B.
8. He reenlisted in the RA for 6 years on 15 June 1967 and he was reassigned to Fort Riley, KS.
9. Special Orders Number 196, issued by Headquarters, Fort Riley, KS, on 27 September 1967 shows he was awarded the following MOSs:
* primary - 36C, MOS 36C, Lineman
* secondary - 72B
* additional - 71H, Personnel Management Advisor
10. He was honorably discharged on 4 August 1970. Item 23a (Specialty Number) of his DD Form 214 for this period of service shows his MOS as 36C.
11. He reenlisted in the RA for 4 years on 5 August 1970. His DA Form 20 shows he served again in Vietnam from on or about 20 September 1970 to on or about 26 July 1971. Item 38 of this form shows he performed duties of personnel management advisor in MOS 71H.
12. He was awarded the Bronze Star Medal for meritorious service from September 1970 to August 1971. His citation for this award reads "during the period September 1970 to August 1971 he was directed to establish radio communications between the Region Public Safety Headquarters and the sixteen Province Office."
13. Special Orders Number 176, issued by the Academy of Health Science, U.S. Army, Fort Sam Houston, TX, on 21 September 1973, show he was awarded primary MOS 91G.
14. His records show he served continuously on active duty through several reenlistments until he was honorably discharged on 2 August 1974. His DD Form 214 shows his primary MOS as 91G, Social Worker-Psychiatric Specialist and his secondary MOS as 36C.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he was awarded and served in Vietnam in MOS 72B from 1 February 1966 through on or about 27 July 1967. He again served in Vietnam in 71H from 20 September 1970 to on or about 26 July 1971.
2. There is no evidence of record and he provides none to show he served in MOS 72B during his period of service in Vietnam from September 1970 to July 1971. His citation for the Bronze Star Medal lists the primary duties of several advisory positions and appears to indicate he performed those duties.
3. Neither the evidence submitted with the application nor the evidence of record supports his request nor does it establish that he is entitled to a correction of his DA Form 20.
4. It is noted that the DA Form 20 are no longer posted and maintained after a Soldier has been released or separated from active duty, whether at the expiration of his term of service, retirement, or discharge. These documents were not intended to be continued in force and maintained (continually posted) after a Soldier's separation from active duty. To add or change any entries at this time would serve no useful purpose.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20110023591
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110023591
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080010395
The primary duty, Personnel Management Advisor, is not listed as one of the duties eligible for award of the Combat Infantryman Badge. DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant served as a Personnel Management Advisor during his assignment in Vietnam during the period September 1970 to September 1971. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2006 | 20060017206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 May 2007 DOCKET NUMBER: AR20060017206 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Item 9 (Military Occupational Specialties), of his DA Form 66 (Officer Qualification Record), shows that he was awarded the MOS of 1542, Infantry Unit Commander, effective 19 March 1968, the date he completed IOBC, and...
ARMY | BCMR | CY2010 | 20100009802
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. The applicant was assigned to a unit during a period of time that the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090018946
IN THE CASE OF: BOARD DATE: 13 May 2010 DOCKET NUMBER: AR20090018946 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states his reenlistment bonus was not paid in full. He further claims he was later given back MOS 72B, but did not receive his full reenlistment bonus for that MOS.
ARMY | BCMR | CY2001 | 2001056230C070420
His record contains orders showing that on 12 March 1971 the applicant was assigned to the US Military Assistance Command Vietnam, Advisory Team 17, as Senior Advisor in an infantry duty position (military occupational specialty (MOS) G1542). The evidence of record shows that the applicant although an artilleryman by branch was assigned to the duty position of an infantry senior advisor to a Vietnamese civil guard unit at the time he was wounded in action. by showing that the individual...
ARMY | BCMR | CY2010 | 20100011308
The applicant requests upgrade of his undesirable discharge (UD). The record also shows the applicant accrued 154 days of time lost during an AWOL period from 4 June 1973 to 4 November 1973. Although an honorable discharge or GD is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2010 | 20100013126
The applicant requests, in effect, correction of his records to amend his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include the medals and citations not listed in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1...
ARMY | BCMR | CY2007 | 20070018553
The applicant requests that his records be corrected to show the award of the Combat Infantryman Badge (CIB). Therefore, he is not entitled to correction of his records to show the award of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the CIB, Army Good Conduct Medal first award for the period 4 February 1969 to 3 February 1971, Republic of Vietnam Civil Actions Honor Medal, First...
ARMY | BCMR | CY2007 | 20070006432
U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. Therefore, there is insufficient evidence to support an award of the Combat Infantryman Badge or correction of the applicants records to show that he was awarded the Combat Infantryman Badge. The applicant's DD Form 214 shows that he served as a Field Artillery Operations & Intelligence Assistance, in MOS, 13E, while...
ARMY | BCMR | CY2010 | 20100008980
The applicant's military personnel record contains two DD Forms 214. The applicant's request for award of the Combat Infantryman Badge has merit for his military personnel service record does show he was an infantryman in MOS 11B, that he served in an infantry unit, and that he was engaged in active combat operations with enemy forces based on award of the Purple Heart. Records show the applicant was awarded the Vietnam Service Medal.