IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016117 


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 military occupational specialty (MOS) as 11B (Light Weapons Infantryman) and award of the:

* Bronze Star Medal (BSM)
* Army Commendation Medal (ARCOM) with "V" Device
* ARCOM
* Combat Infantryman Badge (CIB) 

2.  The applicant states:

* his DD Form 214 shows his MOS as 57G (Duty Foreman), but his initial MOS was 11B
* he was awarded the BSM and two ARCOMs, one for valor
* he should be entitled to wear the CIB because he served in combat in Vietnam

3.  The applicant provides:

* ARCOM with "V" Device Certificate and orders, dated 17 March 1969
* ARCOM Certificate, dated 7 April 1969
* BSM Certificate, dated 7 August 1969
* page 3 of his DA Form 20 (Enlisted Qualification Record)
* 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 was inducted into the Army of the United States on 17 November 1967.  He completed his training and was awarded MOS 11B.  He arrived in Vietnam on 15 October 1968.

3.  Headquarters, 9th Infantry Division, Special Orders Number 313, dated 8 November 1968, awarded him the CIB.

4.  His DA Form 20 shows he served in MOS 11B while assigned to the following units in Vietnam:

* Company D, 6th Battalion, 31st Infantry Regiment, 9th Infantry Division, from 24 October 1968 to 3 March 1969
* Company A, 709th Maintenance Battalion, 9th Infantry Division, from 4 March to 21 March 1969
* 9th Administration Company, 9th Infantry Division, from 22 March to 23 August 1969

5.  Headquarters, 9th Infantry Division, General Orders Number 3246, dated 17 March 1969, awarded him the ARCOM with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 31 December 1968.

6.  Headquarters, 9th Infantry Division, General Orders Number 4153, dated 7 April 1969, awarded him the ARCOM for outstanding achievement in the Republic of Vietnam during the period 14 October 1968 to 10 March 1969.

7.  Headquarters, 9th Infantry Division, General Orders Number 9629, dated 10 July 1969, awarded him the ARCOM for outstanding achievement in the Republic of Vietnam during the period March 1969 to June 1969.

8.  Headquarters, 9th Infantry Division, General Orders Number 11371, dated 7 August 1969, awarded him the BSM for meritorious service in the Republic of Vietnam during the period 1 March 1969 to 1 August 1969.

9.  Records show he participated in four campaigns during his assignment in Vietnam.

10.  Headquarters, 9th Infantry Division, Special Orders Number 139, dated 19 May 1969, awarded him primary MOS 57G, effective 1 May 1969, and withdrew primary MOS 11B.

11.  On 23 August 1969, he was honorably released from active duty (REFRAD) in the temporary rank of sergeant after completing 1 year, 9 months, and 7 days of creditable service with no lost time.

12.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

13.  Item 23a (Specialty Number and Title) of his DD Form 214 shows the entry "57G4O Duty Foreman."  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* ARCOM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar

14.  There is no evidence indicating he was awarded the Army Good Conduct Medal (AGCM).  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

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

17.  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 primary MOS code number and title.

18.  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 6th Battalion, 31st Infantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 July to 13 November 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period January to June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 59, dated 1969

19.  Department of the Army Pamphlet 672-3 shows the 709th Maintenance Battalion was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period January to June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 59, dated 1969

20.  Department of the Army Pamphlet 672-3 shows the 9th Administration Company was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period January to June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 59, dated 1969




21.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's MOS was changed to 57G effective 1 May 1969.  The governing regulation in effect at the time stated the primary MOS would be entered in item 23a of the DD Form 214.  Since the applicant's primary MOS was 57G at the time of his REFRAD, which is properly shown in item 23a of his DD Form 214, there is no basis for granting his request to change his MOS on his DD Form 214.

2.  Orders show he was awarded the BSM and CIB.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  His DD Form 214 shows one award of the ARCOM, but orders show he was awarded three ARCOMs, one for valor.  Therefore, his DD Form 214 should be corrected to show award of the ARCOM (3rd Award) with "V" Device.

4.  He was honorably released from active duty in the temporary rank of sergeant with 21 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification which would have precluded him from being awarded the AGCM.  It appears he met the eligibility criteria for the first award of the AGCM for the period 17 November 1967 through 23 August 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

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

6.  General orders awarded his units of assignment in Vietnam four Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period in which he was assigned.  Although he is entitled to wear only one of these unit awards, his DD Form 214 should be corrected to show four unit awards.

7.  General orders awarded his units of assignment in Vietnam three Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations during the period in which he was assigned.  Therefore, his DD Form 214 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 November 1967 through 23 August 1969;

	b.  deleting the ARCOM and VSM from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* BSM
* ARCOM (3rd Award) with "V" Device
* AGCM (1st Award)
* VSM with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (4th Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (3rd Award)
* CIB




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 his MOS on 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)                                         AR20140016117



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ABCMR Record of Proceedings (cont)                                         AR20140016117



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