IN THE CASE OF:	  

		BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130003417 


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) in item 25 (Education and Training Completed) to change the entry "05B2 Radio Operator Fort Ord California 17NOV68" to "05B2 Radio Operator Fort Ord California 17NOV67."

2.  The applicant states the date of his course completion was incorrectly listed.

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 and entered active duty on 6 June 1967.  He held military occupational specialty (MOS) 05B (Radio Operator) and attained the rank/grade of specialist four (SP4)/E-4.

3.  His record is void of orders awarding him an MOS; however, his DA Form 20 (Enlisted Qualification Record) shows in:

* item 22 (MOS) that he was awarded the MOS 05B2P on 17 November 1967
* item 27 (Military Education) that he completed the 10-week Radio Operator course, for MOS 05B2O in 1967
* item 28 (Specialized Training) that he completed the 3-week Basic Airborne course on 15 December 1967
* item 28 (Record of Assignments) that he completed advanced individual training at Fort Ord, CA, and the Basic Airborne course at Fort Benning, GA

4.  Special Orders (SO) Number 320, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Ord, CA, on 16 November 1967, reassigned him to Fort Benning, GA, to attend Airborne training.  This order listed his MOS as 05B2O and his report date as 25 November 1967.

5.  SO Number 305, issued by Headquarters, Student Brigade, U.S. Army Infantry School, Fort Benning, GA, on 13 December 1967, indicated he had completed Airborne school and was awarded the Airborne MOS special qualification identifier (SQI) "P" effective 15 December 1967.

6.  His record shows he served in Vietnam from 25 January 1968 through 
24 January 1969 and was assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 101st Airborne Division during four campaign periods.

7.  He was honorably released from active duty on 25 January 1969.  His 
DD Form 214 shows in:

* item 23a (Specialty Number and Title), the entry "052P Radio Operator"
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Ribbons Authorized or Awarded) the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Commendation Medal
* Bronze Star Medal
* Combat Infantryman Badge

* item 25, the entry "05B2 Radio Operator Fort Ord California 17NOV68"

8.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  He has no record of nonjudicial punishment (NJP) or court-martial conviction.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all “excellent” ratings in conduct and efficiency. 

9.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.  There must have been no convictions by a court-martial.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows HHC, 1st Brigade, 101st Airborne Division received the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 
8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

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

	a.  A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. 

	b.  For award of the basic Parachutist Badge an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.
 
13.  Army Regulation 635-5 (Separation Documents), in effect at the time, states, in:

* item 23a enter primary MOS code number, title, and date of award  
* item 25 enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed the 10-week Radio Operator course, for MOS "05B2O," at Fort Ord, CA, on 17 November 1967, not 
17 November 1968.  Therefore he is entitled to correction of his DD Form 214 to show the correct date of completion.

2.  The evidence of record shows he completed the 3-week Basic Airborne course, at Fort Benning GA, on 15 December 1967, and was awarded the SQI "P."  His MOS is incorrectly listed as "052P."  Therefore, he is entitled to correction of his DD Form 214 to add this course and correction of his MOS to show "05B2P."  As a related issue, he is also entitled to addition of the Parachutist Badge to his DD Form 214.

3.  He served honorably from 6 June 1967 through 25 January 1969 and received all "Excellent" ratings in conduct and efficiency.  There is no record of NJP or court-martial convictions.  As a result, he is entitled to the first award of the AGCM and addition of this award to his DD Form 214.

4.  General orders awarded his unit the RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with Palm Unit Citation during his tenure in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  He participated in four designated campaign phases during his service in Vietnam.  Therefore, he is entitled to wear four bronze service stars on his VSM.









BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 AGCM (1st Award) for the period 6 June 1967 through 25 January 1969;

	b.  deleting from his DD Form 214 in:

* item 23a the entry "052P Radio Operator"
* item 25 the entry "05B2 Radio Operator Fort Ord California 17NOV68"

	c.  adding to his DD Form 214 in item 23a the entry "05B2P Radio Operator";

	d.  adding to his DD Form 214 in item 25 the entries:

* "05B2O Radio Operator Fort Ord CA 17 November 1967"
* "Basic Airborne Course Fort Benning GA 15 December 1967"

	e.  adding to item 24 of his DD Form 214 the:

* AGCM (1st Award)
* Parachutist Badge
* RVN Civil Actions Honor Medal First Class Unit Citation







* RVN Gallantry Cross with Palm Unit Citation
* four bronze service stars to be affixed to his previously-awarded VSM




      _______ _ 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)                                         AR20130003417





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ABCMR Record of Proceedings (cont)                                         AR20130003417



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