IN THE CASE OF:	  

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140002307 


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:

* Award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Leadership Preparation Course
* Military occupational specialty (MOS) 11B (Light Weapons Infantryman)

2.  The applicant states he completed infantry training and never had anything to do with being an art layout man.  He admits his MOS was changed after he was injured in the RVN.

3.  The applicant provides copies of:

* DD Form 214
* Letter, subject: Accelerated Advancement of Trainees, dated 7 August 1970
* Certificate, Leader Preparation Course, dated 22 August 1970
* Proficiency Examination M-60 Machinegun
* Individual Training Progress and Proficiency Record (two pages) dated     22 October 1970
* DA Form 3349 (Medical Condition – Physical Profile Record), dated         7 February 1971
* Medical Board Proceedings (section D only) dated 22 February 1971

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.  On 2 June 1970, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded MOS 11B.

3.  Special Orders Number 138, Fort Ord, CA, dated 17 July 1970 announced the applicant’s award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  A DA Form 87 (Certificate of Training) dated 22 August 1970 announced the applicant’s completion of the Leader Preparation Course.  The applicant’s certificate for this course indicates that the training was for a 2-week period (80 hours).

5.  Special Orders Number 212, Fort Ord, CA, dated 15 October 1970 announced the applicant’s award of the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

6.  On 24 November 1970, the applicant was assigned to the 23rd Administrative Replacement Detachment in the RVN.  On 4 December 1970, he was further assigned as a rifleman with Company C, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade.

7.  On 2 January 1971, the applicant was assigned as a patient in the Medical Holding Company, U.S. Army Hospital, located at Camp Zama, Japan.  He was further assigned as a patient to the Medical Holding Company, U.S. Army Medical Department Activity Command (MEDDAC) at Fort Ord, CA.

8.  A certificate, Fort Ord, CA, dated 18 February 1971, shows that the applicant had been interviewed concerning the changing of his primary MOS to 03D2O (Arts and Crafts Specialist)  He concurred with this action.
9.  Special Orders Number 36, Fort Ord, CA, dated 19 February 1971 announced the withdrawal of the applicant’s infantry MOS and award of primary MOS 03D2O effective 19 February 1971.

10.  On 29 March 1971, the applicant was assigned to Company A, Headquarters Command, U.S. Army Infantry Center, Fort Benning, GA for duty as an arts and crafts specialist.

11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing the commander took any action to deny him the Army Good Conduct Medal.

12.  On 19 January 1972, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
7 months, and 18 days of creditable active duty.  His DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Vietnam Campaign Medal with 1960 Device

13.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that all decorations, medals, commendations, citations and campaign ribbons as shown on the DA Form 20 were to be entered in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  It required that installation training courses which were successfully completed be entered on the DD Form 214.  It also required that the primary MOS be entered in item 23a (Specialty, Number & Title).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

* Award of the RVN Gallantry Cross with Palm Unit Citation
* Leadership Preparation Course
* His MOS as 11B 

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  The applicant’s unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

4.  Records show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.  Therefore, this badge should be shown on his DD Form 214.

5.  Records show the applicant completed a 2-week (80 hours) Leadership Preparation Course.  Accordingly, this training should be shown on his DD Form 214.

6.  The evidence of record clearly shows that the applicant's infantry MOS was withdrawn and replaced with 03D2O, Arts and Crafts Specialist.  The record further shows that the applicant knew about this change of MOS and concurred.  His DD Form 214 correctly shows his last primary MOS.  There is no error or injustice with this issue.  Therefore, this portion of his request should be denied.

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:

	a.  awarding him the Army Good Conduct Medal for the period 2 June 1970 to 19 January 1972;

	b.  adding to his DD Form 214 the Leadership Preparation Course, 2 weeks, 1970; and

	c.  showing, in addition to the awards already-shown on his DD Form 214, that his awards include:

* Army Good Conduct Medal
* 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 showing his military occupational specialty as 11B.




      _______ _   _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)                                         AR20140002307





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ABCMR Record of Proceedings (cont)                                         AR20140002307



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