IN THE CASE OF:	  

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140003833 


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 item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his primary military occupational specialty (PMOS) as 11B (Light Weapons Infantryman).  He also requests correction of his DD Form 214 to show he was awarded the Combat Infantryman Badge (CIB).

2.  The applicant states his DD Form 214 does not reflect his PMOS 11B or award of the CIB.

3.  The applicant provides a copy of his DD Form 214.
 
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 9 December 1968 for 2 years.  He completed his training and was awarded PMOS 11B.  He arrived in Vietnam on 14 November 1969.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 11B while assigned to Company A, 1st Battalion, 5th Cavalry Regiment, in Vietnam from 25 November 1969 to on or about 26 October 1970.  He participated in three campaigns during his assignment in Vietnam.

4.  Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 20, dated 20 January 1970, awarded him the CIB.

5.  Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 151, dated 31 May 1970, awarded him PMOS 76Y (supply specialist) and withdrew PMOS 11B effective 29 May 1970.

6.  On 1 November 1970, he was honorably released from active duty (REFRAD).

7.  Item 23a of his DD Form 214 shows PMOS 76Y.

8.  His DD Form 214 also shows he was awarded or authorized the:

* Bronze Star Medal
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.

10.  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 the 1st Battalion, 5th Cavalry Regiment, was awarded the:

* Valorous Unit Award for actions during the period 1 May to 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period May 1969 to February 1970 by DAGO Number 11, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 21 February 1970 to 28 February 1971 by DAGO Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42, dated 1972

11.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by an individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The instructions for item 23a stated to enter the PMOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's PMOS was changed to 76Y effective 29 May 1970.  

2.  The governing regulation in effect at the time stated the PMOS would be entered in item 23a of the DD Form 214.

3.  The evidence of record shows the applicant's PMOS was 76Y at time of his REFRAD, which is properly shown in item 23a of his DD Form 214.  Therefore, there is no basis for amending item 23a of his DD Form 214.

4.  Orders show he was awarded the CIB.  Therefore, his DD Form 214 should be corrected to show this badge.

5.  He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show these service stars.

6.  His unit in Vietnam was awarded the Valorous Unit Award, two Republic of Vietnam Gallantry Cross with Palm Unit Citations, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 24 should be corrected to show these unit awards.

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 amending his DD Form 214 to show he was awarded or authorized the:

* Combat Infantryman Badge
* three bronze service stars with his already-awarded Vietnam Service Medal
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

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 amending item 23a of his DD Form 214.





      _____________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)                                         AR20140003833



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ABCMR Record of Proceedings (cont)                                         AR20140003833



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