IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140021309


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) by showing:

* his last unit of assignment as Company C, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division
* his duty military occupational specialty (DMOS) as 11B1O (Infantryman Indirect Fireman)
* his unit awards include the Presidential Unit Citation (PUC), Valorous Unit Award (VUA), Meritorious Unit Commendation (MUC)
* award of the Combat Infantryman Badge (CIB), marksmanship badges for the rifle, and all other awards he is authorized

2.  The applicant states the missing information and awards might negatively impact his claim with the Department of Veterans Affairs for benefits based on his combat service in the Republic of Vietnam (RVN).

3.  The applicant provides copies of:

* DD Form 214 (Copy Number 1)
* Special Orders Number 44, 3rd Brigade, 1st Cavalry Division, dated
23 May 1971 (front side only)



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 20 July 1970, the applicant was inducted into the Army of the United States (AUS).

	a.  He completed basic combat training at Fort Campbell, Kentucky.

	b.  He was enrolled in and attended advanced Individual Training at Fort Polk, Louisiana.  The following special orders (SO) issued at Fort Polk announced the applicant’s marksmanship badges as indicated:

* SO Number 269, dated 2 October 1970, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar
* SO Number 287, dated 20 October 1970, awarded him the Marksman Marksmanship Qualification Badge with Grenade Bar (M79 Grenade) and Sharpshooter (1st Grade) Marksmanship Qualification Badge with Mortar Bar (81 millimeter mortar)

3.  SO Number 305, Fort Polk, Louisiana, dated 5 November 1970, awarded the applicant MOS 11C1O.

4.  On or about 20 November 1970, the applicant departed the United States for duty in the RVN.  He was subsequently assigned to the 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division, United States Army Pacific (USARPAC).

5.  SO Number 44, 3rd Brigade, 1st Cavalry Division, dated 23 May 1971, which were provided by the applicant, awarded him the CIB effective 14 April 1971.

6.  SO Number 52, 3rd Brigade, 1st Cavalry Division, dated 31 May 1971, announced the applicant’s advancement to specialist four, pay grade E-4, effective 10 May 1971.
7.  On or about 11 December 1971, the applicant departed the RVN.  He was subsequently assigned to the 4th Adjutant General (AG) Administration Company, Replacement (REPL) Detachment, located at Fort Carson, Colorado, for the purpose of out-processing from the AUS.

8.  On 20 January 1972, the applicant was released from active duty.  His 
DD Form 214 shows in:

	a.  Item 12 (Last Duty Assignment and Major Command) as “4th AG Repl[acement] SIXTH UNITED STATES ARMY”;

	b.  Item 23a (Specialty Number and Title) “11C2O INF IND FIRE CRMN”; and

	c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Campaign Medal with 1960 Device
* Vietnam Service Medal with 1 bronze service star
* Bronze Star Medal
* Air Medal

9.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows:

	a.  He was awarded only one MOS, that being his primary MOS 11C1O, effective 20 November 1970.

   b.  He was assigned to the following duty positions while in the RVN:

* DMOS 11C1O:  Indirect fire crewman, from 28 December 1970 to 
10 January 1971 with Company A
* DMOS 11C1O:  Indirect fire crewman, from 11 January to 2 May 1971 with Company C
* DMOS 11C1O:  Ammunition bearer, from 3 May to 9 October 1971 with Company C
* DMOS 11B20 (Light Weapons Infantryman), as a gunner, from 
10 October to 11 December 1971 with Company C



c.  He was awarded:

* Vietnam Service Medal
* CIB
* Republic of Vietnam Campaign Medal
* Air Medal
* Bronze Star Medal

	d.  He qualified in arms as follows:

* Rifle (M-16) as a Sharpshooter
* 81 millimeter mortar as a 1st Class Gunner (sharpshooter)
* M79 Grenade Launcher as a Marksman
* .45 caliber pistol as an Expert

   e.  His conduct and efficiency ratings were all excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing the commander took action to deny him the Army Good Conduct Medal (AGCM).

10.  Army Regulation 600-8-22 (Military Awards), Appendix B, based on the applicant's dates of service in the RVN, he participated in the following three campaigns: the Vietnam Counteroffensive, Phase VII; the Consolidation I; and Consolidation II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Army Regulation 635-5 (Separation Documents), as then in effect, provided that for personnel reassigned on orders to a transfer activity prior to separation, the DD Form 214 was to show the Soldier’s losing unit of assignment and major command.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 1st Battalion, 7th Cavalry Regiment was awarded the PUC and VUA for actions prior to the applicant’s assignment to the unit.  The pamphlet also shows that this battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 42, dated in 1972, for award of the RVN Gallantry Cross with Palm Unit Citation.



13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service of more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by showing:

* his last unit of assignment as Company C, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division
* he was awarded DMOS 11B1O
* his unit awards include the PUC, VUA, and MUC
* award of the CIB, his marksmanship badges for the rifle, and all other awards he is authorized

2.  The available evidence shows that the applicant’s immediate assignment prior to the 4th Adjutant General (AG) Administration Company, Replacement (REPL) Detachment was with Company C, 1st Battalion, 7th Cavalry, 1st Cavalry Division, USARPAC. Accordingly, this unit and major command should be shown on his DD Form 214.

3.  The available evidence shows the applicant was awarded primary MOS 11C2O and that MOS is shown on his DD Form 214.  There are no provisions for showing a Soldier’s DMOS on the DD Form 214.  Therefore, this portion of his request should be denied.

4.  The available evidence shows the applicant’s unit, while in the RVN, had been awarded the PUC and VUA prior to his arrival at the unit.  Accordingly, he was authorized to wear these ribbons while assigned to the unit.  However, he was not permanently authorized either of these awards.  Also, there is no evidence showing this unit ever received the MUC.  Therefore, this portion of his request should be denied.

5.  Records show the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal.
6.  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, receiving two personal decorations and achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

7.  Records show that 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.

8.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Pistol Bar.  Therefore his DD Form 214 should be corrected to show this badge.

9.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Mortar Bar.  Therefore his DD Form 214 should be corrected to show this badge.

10.  Records show the applicant qualified as a Sharpshooter with the M-16 rifle.

11.  Special orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Grenade Bar.  Therefore his DD Form 214 should be corrected to show this badge.

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 (1st Award) for the period 
20 July 1970 to 20 January 1972;
	b.  deleting from his DD Form 214 the Vietnam Service Medal with 1 bronze service star; 

	c.  showing his last unit of assignment and major command as Company C, 1st Battalion, 7th Cavalry, 1st Cavalry Division, USARPAC;

	d.  adding to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle and Mortar Bars
* Marksman 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 showing his DMOS, PUC, VUA, or MUC 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)                                         AR20140000079



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021309



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1