IN THE CASE OF:	  

		BOARD DATE:	  28 May 2013

		DOCKET NUMBER:  AR20120019745 


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 his primary military occupational specialty (MOS) as an 11B2O (Light Weapons Infantryman) and his awards of the Combat Infantryman Badge (CIB), Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states his DD Form 214 shows his secondary MOS and not his primary MOS of an infantryman.  He goes on to state that he was trained as an infantryman and performed his duties as such and was assigned as an 03C2O when he was 18 years of age; but when ordered to Vietnam, he served in his infantry MOS.  He also states that his awards of the CIB, Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation were not reflected on his DD Form 214 at the time of his separation. 

3.  The applicant provides a copy of 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.  The applicant enlisted on 13 January 1967 for a period of 3 years.  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a light weapons infantryman at Fort Benning, Georgia and was transferred to Fort Bragg, North Carolina for his first duty assignment.

3.  On 10 December 1968, Special Orders Number 345, published by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg awarded the applicant a primary MOS of 03C2O and withdrew his MOS of 11B1O effective 
19 November 1968.

4.  On 18 February 1969, Special Orders Number 49, published by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar for his qualification with the M16 rifle.

5.  On 19 February 1969, Special Orders Number 50, published by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg directed the applicant’s reassignment to the replacement Station at Fort Lewis, Washington for movement to Vietnam and assignment to the 194th Military Police Company (Physical Security) in MOS 03C2O.

6.  The applicant was transferred to Vietnam on 25 March 1969 and served as a Rifleman (security guard) in MOS 11B2O with the 194th Military Police Company during three campaigns until he departed Vietnam on 4 January 1970 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 6 January 1970 as an overseas returnee.  He had served 2 years, 11 months, and 24 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Army Good Conduct Medal. 

7.  A review of his official records failed to show any evidence of the applicant being awarded the CIB.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	b.  a bronze service star is authorized for wear on the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that the applicant’s unit was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show his primary MOS as an 11B2O Infantryman has been noted and found to lack merit.  Orders were published withdrawing his 11B1O primary MOS effective in November 1968 and awarding him the primary MOS of 03C2O.   

2.  He was ordered to Vietnam in MOS 03C2O but served as a security guard in MOS 11B2O during his tour in Vietnam with a Military Police Unit.  Accordingly, he did not hold the MOS of 11B2O at the time of his REFRAD and is not entitled to have that MOS entered on his DD Form 214 in place of the MOS reflected on his DD Form 214. 

3.  The applicant’s contention that his DD Form 214 should be corrected to reflect the award of the CIB has also been noted and found to lack merit.  Although the applicant served in an infantry MOS during his tour in Vietnam, he was not serving in an infantry unit.  Accordingly, there is no basis to award him the CIB or add it to his DD Form 214.

4.  However, he served in three campaigns in Vietnam and is entitled to have his DD Form 214 corrected to show the award of the Vietnam Service Medal with three bronze service stars.

5.  Additionally, his unit in Vietnam was awarded the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served and 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 award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with three bronze service stars, MUC, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 his MOS on his DD Form 214 to 11B2O and adding the award of the CIB to 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)                                         AR20120019745





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ABCMR Record of Proceedings (cont)                                         AR20120019745



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