IN THE CASE OF:	    

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150000389 


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 Combat Infantryman Badge (CIB), Army Good Conduct Medal (AGCM), and Valorous Unit Award.  He also requests correction of his DD Form 214 to show his primary military occupational specialty (PMOS) as 11C1O (Infantry Indirect Fire Crewman).

2.  He states he does not know what will qualify him for award of the AGCM because he has no documentation and line 23a (Specialty Number and Title) of his DD Form 214 lists his MOS as 71B2O (Clerk Typist), which is not a true reflection of his duties with an infantry reconnaissance unit in Vietnam. 

3.  He provides:

* a DD Form 214
* a DD Form 215 (Correction to DD Form 214)
* a DA Form 20 (Enlisted Qualification Record)
* three orders
* a self-authored statement

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 15 September 1969.   

3.  His record contains a DA Form 20 that shows in:
	a.  item 22 (MOS) he was awarded PMOS 11C on 20 January 1970;

	b.  item 22 he was awarded PMOS 71B on 15 July 1970;

	c.  item 31 (Foreign Service) he served in Vietnam from 12 February to 
15 June 1970;

	d.  item 38 (Record of Assignments) while serving in Vietnam he was assigned to Company E, 2nd Battalion, 502nd Infantry Regiment from 
27 February to 15 June 1970 in duty MOS 11C1O; 

	e.  item 38 that he received all "excellent" conduct and efficiency ratings throughout his service; and

	f.  item 41 (Awards and Decorations) he was awarded the National Defense Medal, Vietnam Service Medal, CIB, Purple Heart, Expert Marksmanship Qualification Badge with Mortar Bar (81MM), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

4.  His record contains:

	a.  Special Orders Number 53, dated 22 February 1970, which show his PMOS as 11C1O.

	b.  Special Orders Number 111, dated 21 April 1970, which show that while he held MOS 11C1O, he was awarded the CIB, effective 20 April 1970. 

5.  He submitted Special Orders Number 231, dated 19 August 1970, which show 71B2O was awarded as his PMOS and 11C1O was withdrawn as his PMOS.
6.  On 17 September 1970, he was honorably released from active duty.  He completed 1 year and 3 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Purpel (sic Purple) Heart.

7.  He also submitted:

	a.  General Orders Number 48, dated 14 October 1971, which show the unit he was assigned to was awarded the Valorous Unit Award during the period 
25 April to 25 May 1970.

	b.  a DD Form 215, dated 9 March 1983, which shows his DD Form 214, dated 17 September 1970, was corrected to add the  Bronze Star Medal with “V” Device and Air Medal.  This DD Form 215 also corrected the spelling of Purple Heart.

8.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Winter - Spring 1970 
(1 November 1969 - 30 April 1970) and DA Sanctuary Counteroffensive (1 May-30 June 1970) campaigns.

	b.  Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	c.  requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

9.  Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  DAGO awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation to the 2nd Battalion, 502nd Infantry Regiment for action during the period 18 March 1968 to 2 May 1970 in DAGO Number 48, dated 1971.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the 
DD Form 214.  This regulation states in item 23a enter the PMOS code number, title, and date of award. 

DISCUSSION AND CONCLUSIONS:

1.  Special orders show the applicant was awarded the CIB.  Therefore, his 
DD Form 214 should be corrected to show this badge.

2.  Evidence shows he was awarded and held PMOS 11C1O while he was assigned to Vietnam.  However, special orders show that 11C1O was withdrawn as his PMOS and 71B2O was awarded as his PMOS.  Therefore, item 23a of his 
DD Form 214 correctly shows the PMOS he held on the date he was released from active military service.

3.  The available evidence confirms the applicant served in the Army from 
15 September 1969 to 17 September 1970.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 
15 September 1969 to 17 September 1970 and correct his DD Form 214 to show this medal.

4.  DAGO awarded his unit the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Records show the applicant participated in two campaigns while serving in Vietnam.  Therefore, he is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

6.  Evidence of record shows the applicant was awarded the Expert Marksmanship Qualification Badge with Mortar Bar (81MM) and Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to have his DD Form 214 corrected to show these badges.

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 of service from 15 September 1969 to 17 September 1970;

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

	c.  adding the Combat Infantryman Badge, Army Good Conduct Medal (1st Award), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Service Medal with two bronze service stars, Expert Marksmanship Qualification Badge with Mortar Bar (81MM) and Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

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 correcting his DD Form 214 to show he held PMOS 11C1O on the date he was released from active military service.



      ____________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)                                         AR20150000389





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ABCMR Record of Proceedings (cont)                                         AR20150000389



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