IN THE CASE OF:	  

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140000861 


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 in:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) award of the Vietnam Service Medal; and 

	b.  item 23a (Specialty Number and Title) his military occupational specialty (MOS) as 05G3O (Communications Security Analyst) vice 71B3O (Clerk Typist).

2.  The applicant states the error occurred during his out-processing.

3.  The applicant provides his DD Form 214 and three certificates.

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 on 29 April 1968.

3.  His record contains three pages of his DA Form 20 (Enlisted Qualification Record) which show in:

	a.  item 22 (MOSs) the entries:  

		(1)  additional, 05G3O, Communications Security Specialist, 17 March 1969; 

		(2)  primary (P), 71B3O, (Clerk Typist), 14 July 1969; and  

		(3)  secondary (S), 71L2O, (Administrative Specialist) 17 April 1970.

	b.  item 27 (Military Education) the entries:

		(1)  Communications Security Monitor, 05G2O, Army Security Agency, 
17 weeks, 1969; and

		(2)  Communications Security Analyst, 05G3O, Army Security Agency,
8 weeks, 1970. 

	c.  item 31 (Foreign Service) he served in Vietnam from 14 June 1969 to 
14 January 1971; 

	d.  item 38 (Record of Assignments) he served with:

		(1)  Headquarters and Headquarters Service Company, 509th Radio Research Group, from 20 June to 30 December 1969, performing duties as a  71B (Clerk Typist) and a 71L (Administrative Specialist); and 
	
		(2)  Headquarters and Headquarters Company, 313th Radio Research Battalion, from 2 January 1970 to 13 January 1971, performing duties as a 71L (Administrative Specialist).

	e.  item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960" Device, three Overseas Service Bars, Bronze Star Medal, Good Conduct Medal (1st award), Meritorious Unit Commendation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Orders Number 174, dated 22 June 1969, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) by Special Orders Number 229, dated 22 October 1971.

4.  He submitted three certificates which show:

	a.  he graduated from the:

		(1)  Communications Security Monitor Course on 28 February 1969; and

		(2)  Communications Security Analyst Course on 1 May 1969. 

	b.  he was awarded the Bronze Star Medal for meritorious achievement in Vietnam during the period 14 June 1969 to 16 January 1971.

5.  Special Orders Number 205, issued by Headquarters, 509th Radio Research Group, dated 26 July 1969, and effective 14 July 1969, show he was awarded 71B3O as his PMOS and 05G3O as his SMOS.

6.  On 28 January 1972, he was honorably released from active duty after serving for 3 years and 9 months.  His DD Form 214 shows in:

	a.  item 23a his MOS as 71B3O, Clerk Typist; and 

	b.  item 25 he was awarded or authorized the National Defense Service Medal, Vietnam Campaign Medal, Bronze Star Medal, Good Conduct Medal, and Meritorious Unit Commendation.

7.  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.  It states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Summer-Fall 1969 (9 June - 31 October 1969)
* Winter-Spring 1969 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

8.  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 Headquarters and Headquarters Company, 
313th Radio Research Battalion was cited for award of the: 

	a.  Meritorious Unit Commendation for the periods:

		(1)  1 January 1969 to 31 December 1970, by Department of the Army General Order (DAGO) 43, dated 1972; and

  		(2)  1 January to 30 June 1971 by DAGO Number 32, dated 1973. 

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 January 1970 to 3 March 1971 in DAGO Number 6, dated 1974.

9.  Army Regulation 635-5 (Separation Documents) in effect at the time 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 version in effect at the time of the applicant's discharge states the DA Form 20 along with all available documents in the official military personnel records were the source records for entries on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was eligible for award of the Vietnam Service Medal and that he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show this medal and service stars.

2.  Headquarters and Headquarters Company, 313th Radio Research Battalion was cited for award of two Meritorious Unit Commendations.  Evidence of record shows he was already awarded one Meritorious Unit Commendation.  Therefore, he is entitled to have his DD Form 214 corrected to show an additional award of the Meritorious Unit Commendation.  

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.
 
4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).  Therefore, his DD Form 214 should be corrected to show these badges. 

5.  Evidence of record shows, effective 17 March 1969, he was awarded 05G3O as his PMOS.  However, orders show effective 14 July 1969, 71B3O became his PMOS and 05G3O became his SMOS.  Therefore, item 23a of his DD Form 214 correctly shows his MOS as 71B3O, Clerk Typist.
 
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:

	a.  deleting from his DD Form 214 the Meritorious Unit Commendation, and

	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (2d award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)

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 the applicant's 
DD Form 214 to show his MOS as 05G3O.
 
 
      
      ______________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)                                         AR20140000861





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ABCMR Record of Proceedings (cont)                                         AR20140000861



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