IN THE CASE OF:	  

		BOARD DATE:	 17 April 2014 

		DOCKET NUMBER:  AR20130011681 


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 show:

* his service number
* 91C Specialty Number
* all authorized decorations, medals, and badges

2.  He states his DD Form 214 does not show his service number, Bronze Star Medal (BSM) with "V" Device, or his campaign medal for the Tet 69 Counteroffensive.  Additionally, his specialty number should be listed as 91C (Clinical Specialist) instead of 90B.  

3.  He provides:

* DD Form 214
* General Orders Number 12684, dated 11 October 1969 with BSM Certificate
* Certificate of Completion, dated 28 March 1969

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 in the Regular Army (RA) on 14 August 1967.  He served in the Republic of Vietnam (RVN) from 18 May 1969 to 18 May 1970 and was assigned to Headquarters and Headquarters Company, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division.  He was honorably released from active duty on 13 April 1971 in the grade of E-6 and credited with completing 3 years, 
7 months, and 29 days of total active service.

3.  His DD Form 214 shows in:

a. Item 2 (Service Number) RA

b. Item 3 (Social Security Number (SSN)) contains his complete SSN

c. Item 23a (Specialty Number and Title) 90B4O (Clinical Specialist)

   d.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)  
	
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* BSM (1st Oak Leaf Cluster) indicating two awards of the BSM 
* Army Commendation Medal (1st Oak Leaf Cluster)
* Two Overseas Service Bars
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) and  DA Form 20 (Enlisted Qualification Record) show his service number as "RA12937701."  Additionally, his DA Form 20 lists his primary military occupational specialty (PMOS) as 91C with an effective date of 28 March 1969.

5.  He provided a certificate that shows he attended and successfully completed the Clinical Specialist Course from 5 June 1968 to 28 March 1968.

6.  Headquarters, 25th Infantry Division, Special Orders Number 275, dated 
2 October 1969, contained in his records, show he was promoted to specialist six/E-6 in MOS 91C2O effective 7 September 1969.

7.  Headquarters, 25th Infantry Division, General Orders Number 12684, dated 11 October 1969, provided by the applicant and also contained in his records, show he was awarded the BSM with "V" Device in the RVN for heroism in ground combat on 17 August 1969.

8.  Headquarters, 25th Infantry Division, General Orders Number 3332, dated
28 March 1970, contained in his records, show he was awarded the BSM (1st Oak Leaf Cluster) in the RVN for meritorious service during the period May 1969 to May 1970.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation states for enlisted Soldiers list in item 23a the PMOS code number and title.  Also specify the first five characters of the MOS code, which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable.  

10.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May1970 - 30 June 1970)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows 4th Battalion, 9th Infantry Regiment was cited for the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 51, dated 1971 and  the RVN Gallantry Cross with Palm Unit Citation by DAGO 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders verify that the applicant was awarded two awards of the BSM; one on 11 October 1969 with "V" Device and the other on 28 March 1970.  Therefore, his records should be corrected accordingly.

2.  His enlistment contract and DA Form 20 verify his service number of RA12937701.  Therefore, he is entitled to correction of his DD Form 214 to show this number.

3.  The evidence of record shows he was awarded 91C as his PMOS on
28 March 1969.  The records further show he was an E-6 at the time of his separation.  Therefore, his DD Form 214 should be corrected to show his specialty number and skill level as 91C2O.

4.  The evidence of record shows he is entitled to wear the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these unit awards.

5.  The evidence also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars to be worn 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. adding to item 2 of his DD Form 214 "12937701";

b. changing item 23a of his DD Form 214 to read "91C2O;"
	c.  deleting from his DD Form 214 the VSM and the BSM (1st Oak Leaf Cluster);

	d.  adding to his DD Form 214 the:

* BSM with "V" Device (2nd Award)
* VSM with four bronze service stars
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation



      _______ _   __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)                                         AR20130011681





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130011681



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1