IN THE CASE OF: BOARD DATE: 3 December 2009 DOCKET NUMBER: AR20090010720 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to: a. change his service number from "RAXXXXXXX6" to "RAXXXXXXX7"; b. change his military occupational specialty (MOS) from "95N4O" to "95B4O;" c. show award of three bronze service stars to be affixed to his previously awarded Vietnam Service Medal; and d. show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 2. The applicant states, in effect, that his service number and MOS are incorrectly shown on his DD Form 214 and attributes these oversights to typographic errors. He continues that he participated in three campaigns during his service in the Republic of Vietnam and was awarded bronze service stars for two of them prior to his departure. The applicant contends that he is entitled to have three bronze service stars shown on his DD Form 214. The applicant concludes that the unit to which he was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during his tenure; therefore, he believes he is entitled to this foreign unit award. 3. The applicant provides copies of his DD Form 214, a letter order, an extract from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), and two special orders as documentary evidence in support of this application. 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 and entered active duty on 9 September 1966. He completed basic combat training and advanced individual training (AIT). Upon completion of AIT, the applicant was awarded MOS 95B (Military Policeman). The highest rank he attained while on active duty was the rank of sergeant (SGT)/pay grade E-5. 3. Item 2 (Service Number) of his DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 9 September 1966, shows the applicant's service number as "RAXXXXXXX7." 4. The applicant's record contains (and he also provides) Armed Forces Examining and Entrance Station, Cincinnati, Ohio, Special Orders Number 182, dated 9 September 1966, which show he enlisted in the Regular Army and entered active duty on 9 September 1966. These orders also show his service number as "RAXXXXXXX7." 5. A review of documents contained in the applicant's military personnel records shows that his service number consistently appears as "RAXXXXXXX7." 6. Headquarters, United States Army Security Agency Training Center and School, Fort Devens, Massachusetts, Special Orders Number 9, dated 15 January 1970, promoted the applicant to the rank of SGT and awarded him MOS "95B4O," effective 15 January 1970. 7. The applicant's record contains (and he also provides) Headquarters, United States Army Security Agency Training Center and School, Special Orders Number 148, dated 17 July 1970, which show the applicant was reassigned to the U.S. Army Garrison Transfer Point located at Fort Devens for the purpose of separation processing with a reporting date of 8 September 1970. These orders also show the applicant's MOS as "95B4O." 8. Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his service number as "RAXXXXXXX7." Item 22 Military Occupational Specialties) of this form shows his MOS as "95B4O." 9. Item 2 (Service Number) of the applicant's DD Form 214 shows his service number as "RAXXXXXXX6." Item 23a of this form shows his MOS as "95N4O." 10. Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served a tour of duty in the Republic of Vietnam during the period of 28 March 1967 through 24 March 1968. Item 38 (Record of Assignments) shows that he was assigned to Headquarters and Service Company of the 509th Radio Research Group for the duration of his tour of duty in the Republic of Vietnam. Item 39 (Campaigns) shows the applicant participated in three campaigns: Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase II, and TET Counteroffensive. 11. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, two Overseas Service Bars, the Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14], and the Marksman Marksmanship Qualification Badge with Pistol Bar [45 Caliber]. This form does not show award of any bronze service stars or the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 12. Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned was awarded the Meritorious Unit Commendation twice for accomplishments during his tenure based on Department of the Army General Orders Number 48, dated 1968 and Department of the Army General Orders Number 14, dated 1979. An oak leaf cluster is authorized for wear for each additional award of the Meritorious Unit Commendation. 13. Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during his tenure based on Department of the Army General Orders Number 8, dated 1974. 14. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. During the applicant's tour in Vietnam he participated in three campaigns: Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and TET Counteroffensive. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 15. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army. This regulation established standardized policy for the preparation of the DD Form 214. In pertinent part, it stated that the separating Soldier's service number would be entered in Item 2 and their primary specialty number and title would be entered in Item 23a. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions that his DD Form 214 should be corrected to show his service as "RAXXXXXXX7," his MOS as "95B4O," award of three bronze service stars to be affixed to his previously awarded Vietnam Service Medal; and award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation were carefully considered and determined to have merit. 2. The evidence of record shows the applicant's service number was "RAXXXXXXX7," not "RAXXXXXXX6." Therefore, his DD Form 214 should be corrected to reflect this fact. 3. The evidence of record shows the applicant's MOS was "95B4O," not "95N4O." Therefore, his DD Form 214 should be corrected to reflect this fact. 4. General Orders awarded the applicant's unit the Meritorious Unit Commendation twice for accomplishments during his tenure in the unit. Therefore, he is entitled to have his records corrected to show award of the Meritorious Unit Commendation with First Oak Leaf Cluster. 5. General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during the applicant's tenure in the unit. Therefore, he is entitled to have his records corrected to show this foreign unit award. 6. Records show that the applicant was awarded the Vietnam Service Medal. Evidence shows that he participated in three campaigns during his service in the Republic of Vietnam. Therefore, he is eligible for award of three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal. BOARD VOTE: ____x____ ____x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the applicant's DD Form 214 be corrected by: a. amending the entry in Item 2 to show his service number as "RAXXXXXXX7"; b. amending the entry in Item 23a to show his MOS as "95B4O"; c. adding the following awards to Item 24: 1. the Meritorious Unit Commendation with First Oak Leaf Cluster; 2. the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 3. three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal; and d. providing the applicant a correction to his DD Form 214 to show these changes. _______ _ _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) AR20090010720 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090010720 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1