IN THE CASE OF:  	  

		BOARD DATE:  22 January 2015	  

		DOCKET NUMBER:  AR20140009247 


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 primary military occupational specialty (PMOS) as 11B (Light Weapons Infantryman)
* Bronze Star Medal (BSM)
* Combat Infantryman Badge (CIB)
* any additional awards he may be entitled to

2.  The applicant states:

* he is a Vietnam veteran 
* he served with the 101st Airborne Division
* his BSM is not listed on his DD Form 214
* his secondary MOS (SMOS) of 71B (Clerk-Typist) is on his DD Form 214, but his PMOS of 11B is not listed
* he believes that he is entitled to the CIB
* there may be other division citations that are not listed on his 
DD Form 214
 
3.  The applicant provides:

* DD Form 214
* letter from a Senator
* self-authored statement
* citation for BSM
* orders

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 September 1969, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded MOS 11B.

3.  His DA Form 20 shows in:

* item 22 (MOS) –  he was awarded PMOS 11B on  24 January 1970 and PMOS 71B on 28 February 1970
* item 38 (Record of Assignments) – he was assigned to principal duty in Vietnam as a clerk typist with Headquarters and Headquarters Company and Band, 101st Airborne Division Support Command from 
10 March 1970 to 23 December 1970
* item 38 shows he received all "excellent" conduct and efficiency ratings

4.  Special Orders 302, issued by Headquarters, U.S. Army Training Center, Infantry, and Fort Dix, Fort Dix, NJ, dated 29 October 1969, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.

5.  Special Orders 116, issued by Headquarters, 101st Airborne Division (Airmobile), dated 26 April 1970, promoted him to specialist E-4 with an effective date of 15 April 1970.  He was awarded PMOS 71B2O, SMOS 11B2O, and SMOS 11B1O was withdrawn.

6.  On 6 December 1970, Headquarters, 101st Airborne Division (Airmobile), issued General Orders Number 14241 awarding him the BSM for meritorious service during the period 1 March 1970 through 30 November 1970.

7.  On 2 July 1971, the applicant was released from active duty.  He had completed 1 year and 10 months of active service that was characterized as honorable.  Item 23a (Specialty Number & Title) of his DD Form 214 shows his primary MOS as 71B.  His DD Form 214 shows he was awarded or authorized the following:

* National Defense Service Medal (NDSM)
* Army Commendation Medal (ARCOM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Overseas Service Bar (OSB)
* Expert Marksmanship Qualification Badge with Rifle Bar M-14
* Marksman Marksmanship Qualification Badge with Rifle Bar M-16 and Machine Gun Bar

8.  His records do not contain orders awarding him the CIB.

9.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with three campaigns:  

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive  (1 May - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII ( 1 July 1970 - 30 June 1971) 

13.  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 and Band, 101st Airborne Division, the unit to which the applicant was assigned, was cited for the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation for the period February 1968 through 2 May 1970 by Department of the Army Orders (DAGO) Number 48, dated 1971.  

14.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It stated, in pertinent part, that item 23a shows the PMOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he is entitled to award of the CIB; however, there is no available evidence showing he held an eligible MOS for award of the CIB during his service in Vietnam. 

2.  He was assigned duty MOS 71B and held a PMOS of 71B during his service in Vietnam with Headquarters and Headquarters Company and Band, 101st Airborne Division.  Therefore, in view of all of the foregoing, the available evidence is insufficient to support the applicant's request for correction of his records to show award of CIB.
     
3.  Although the applicant initially held PMOS 11B, prior to his release from active duty, specifically on 15 April 1970, he was promoted to SP4 in MOS 71B.  PMOS 11B was withdrawn and became his SMOS while MOS 71B became his PMOS.  He held this MOS as his PMOS at the time of his release from active duty.  Therefore, his PMOS is correctly shown in item 23a of his DD Form 214 

4.  General orders awarded him the BSM; therefore, he is entitled to correction of his DD Form 214 to show the award of this badge.

5.  He participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

7.  DAGOs awarded the following unit awards to the applicant's unit for actions during his period of assignment; therefore, he is entitled to correction of his DD Form 214 to show these unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
  
8.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  There is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 2 September 1969 through 2 July 1971 and to correction of his records to show this award.

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.  deleting from his DD Form 214 the Vietnam Service Medal; and

	b.  adding the following to his DD Form 214:
* BSM
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Grenade Bar

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 correction of his DD Form 214 to show award of the CIB and his PMOS 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)                                         AR20140009247





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ABCMR Record of Proceedings (cont)                                         AR20140009247



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