BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130015770 


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) as follows:

* item 23a (Specialty Number and Title) to show 31N2O (Communications System/Circuit Controller) vice 31M4O (Radio Relay and Carrier Attendant)
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show the Bronze Star Medal

2.  The applicant states he was awarded the Bronze Star Medal while he was in the service, but it is not shown on his DD Form 214.  He also held military occupational specialty (MOS) 31N, but his DD Form 214 shows MOS 31M.

3.  The applicant provides:

* DD Form 214
* Headquarters, 1st Signal Brigade, U.S. Army Strategic Command, General Orders (GO) Number 1951, dated 19 August 1969
* Bronze Star Medal Citation

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 January 1968.  He completed basic combat training at Fort Lewis, WA, on or about 8 March 1969.

3.  Headquarters, U.S. Army Training Center, Fort Lewis, WA, Special Orders (SO) Number 57, dated 27 February 1968, reassigned him to the U.S. Army Southeastern Signal School, Fort Gordon, GA, effective 22 March 1968 for training in MOS 31M.

4.  Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, SO Number 71, dated 25 March 1968, assigned him to Company D, 5th Battalion, Student Brigade, effective 25 March 1968.

5.  Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, SO Number 113, dated 15 May 1968, assigned him to Company F, 5th Battalion, Student Brigade, effective 20 May 1968 to attend the MOS 31M Course.

6.  Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, SO Number 133, dated 7 June 1968, assigned him to Company C, 6th Battalion, Student Brigade, effective 8 June 1968 to attend the MOS 31N Course.

7.  His DA Form 20 (Enlisted Qualification Record) shows he completed training as follows:

* MOS 31M, Service School Radio Relay and Carrier Operator, Company D, 5th Battalion, Student Brigade, U.S. Army Southeastern Signal School, from 25 March to 17 May 1968
* MOS 31M, Service School, Radio Relay and Carrier Operator, Company F, 5th Battalion, Student Brigade, U.S. Army Southeastern Signal School, from 18 May to 7 June 1968
* MOS 31N, Service School, Tactical Circuit Controller, Company C, 5th Battalion, Student Brigade, U.S. Army Southeastern Signal School, from 8 June to 20 July 1968

8.  Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, SO Number 165, dated 12 July 1968, reassigned him to the U.S. Army Overseas Replacement Station, Fort Lewis, WA, for further assignment to Vietnam in MOS 31N.

9.  Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, SO Number 170, dated 17 July 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  He served in Vietnam from 16 August 1968 to on or about 11 August 1969.  He was assigned to Headquarters and Headquarters Detachment, 43d Signal Battalion (Support).

11.  Headquarters, 43d Signal Battalion (Support), Vietnam, SO Number 273, dated 12 October 1968, reassigned him to the 63d Signal Battalion effective 19 October 1968.  His MOS is shown as 31N2O.

12.  Headquarters, 43d Signal Battalion (Support), Vietnam, SO Number 275, dated 14 October 1968, revoked the orders reassigning him to the 63d Signal Battalion effective 19 October 1968.

13.  Headquarters, 43d Signal Battalion, Vietnam, Unit Orders Number 96, dated 20 November 1968, advanced him to the temporary rank of specialist four (SP4)/E-4 in MOS 31N.

14.  Headquarters, 43d Signal Battalion, Vietnam, SO Number 62, dated 14 March 1969, promoted him to the temporary rank of sergeant (SGT)/E-5 in MOS 31M.  These orders further awarded him primary MOS 31M4O and withdrew primary MOS 31N2O.

15.  Headquarters, 43d Signal Battalion, Vietnam, GO Number 21, dated 29 July 1969, awarded him the Army Good Conduct Medal (1st Award).

16.  Headquarters, 1st Signal Brigade, GO Number 1951, dated 19 August 1969, awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam from 15 August 1968 to 7 August 1969.

17.  He was honorably released from active duty on 15 August 1969.  His DD Form 214 shows in:

* item 23a – 31M4O, Radio Relay and Carrier Attendant
* 
item 24 –

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* two overseas service bars
* Army Good Conduct Medal

18.  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.  Appendix B shows that during his service in Vietnam participation credit was awarded for the below named campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase V – 1 July 1968-1 November 1968
* Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969 – 23 February-8 June 1969
* Vietnam Sumer-Fall 1969 – 9 June-31 October 1969

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 43d Signal Battalion, this unit was awarded the Meritorious Unit Commendation for service from 1 June 1968 to 31 March 1970 by Department of the Army GO Number 24, dated 1972.

20.  Department of the Army GO Number 8, dated 1974, awarded the Republic of Vietnam 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.

21.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It stated the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  Item 23a shows the Soldier's primary MOS and title.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's MOS:

	a.  According to the available evidence, the applicant was trained in both MOS 31M and MOS 31N.  He was reassigned to Vietnam, assigned to the 43d Signal Battalion, and was advanced to SP4/E-4 in MOS 31N.

	b.  However, upon promotion to SGT/E-5 on 14 March 1969, the SO further awarded him primary MOS 31M4O and withdrew MOS 31N2O.  He held MOS 31M until he was honorably separated on 15 August 1969.  Therefore, his DD Form 214 correctly shows his MOS as 31M and there is no reason to change it.

2.  With respect to his awards:

	a.  GO awarded him the Bronze Star Medal and SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these awards.

	b.  GO awarded his unit in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

	c.  He was authorized the Vietnam Service Medal.  He also participated in four campaigns while serving in Vietnam.  Therefore, his DD Form 214 should be corrected to show award of the Vietnam Service Medal with four bronze service stars.

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 adding the following awards to his DD Form 214:

* Bronze Star Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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 changing his MOS on his DD Form 214 from 31M4O to 31N2O.



      ___________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)                                         AR20130015770



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ABCMR Record of Proceedings (cont)                                         AR20130015770



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