ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 June 2019 DOCKET NUMBER: AR20170015177 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * item 9 (Date of Birth (DOB)), change from XX X__ 19XX to XX X__ 19XX * item 23a (Specialty Number and Title), change military occupational specialty (MOS) from 76Y4P Supply Noncommissioned Officer (NCO) to 11B4P Infantryman * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) add the Bronze Star and Combat Infantry Badge (CIB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * personal account of events * birth certificate * General Orders (GO) Number 7985, dated 22 October 1968, Bronze Star * Special Orders (SO) Number 336, dated 1 December 1968, CIB * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states MOS 76Y4P was supposed to be temporary. He joined the U.S. Army in June 1966 and volunteered for Airborne Infantry. After all of his training, he was sent to the 82nd Airborne Division, Fort Bragg, NC and assigned to an airborne infantry company. In mid-1967, he was involved in a very serious accident off post and not military related. Due to his injuries, he was placed on light duty for several months. During his recovery time he was sent to work in the company supply room. After his recovery he returned to his infantry platoon. In late 1967, he along with many other Soldiers of the 82nd Airborne were transferred to the 101st Airborne Infantry (i.e. Division (DIV)), Fort Campbell, KY where he was assigned to B Company, 2nd Battalion (BN), 506th Infantry (INF). In December 1967, we were deployed to South Vietnam. Upon his return, he was again assigned to the 82nd Airborne Infantry, until he was discharged on 20 June 1969. His career in the Army was that of an airborne infantryman. His request is purely personal and also his way of passing part of his true heritage onto his children and grandchildren. He is 70 years old and he feels it's time to right a wrong that has followed him for many years. 3. The applicant provides: * birth certificate, shows the applicant was born on XX X__ 19XX * GO Number 7985, dated 22 October 1968, awarding him the Bronze Star * SO Number 336, dated 1 December 1968, awarding him the CIB 4. A review of the applicant’s service record shows: a. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) and disclosed his DOB as XX X__ 19XX. b. He enlisted in the RA on 21 June 1966. His DD Form 4 (Enlistment record listed his DOB as XX X__ 19XX. c. He completed basic combat and advanced individual training and he was award primary MOS 11B (Light Weapons Infantryman) on 4 November 1966. Following completion of MOS training, he completed the Basic Airborne Course. d. SO Number 276, dated 28 November 1966, show his assignment to the 82nd Administration Company (Replacement Detachment), Fort Bragg, and his MOS as 11B1P. e. Unit Orders Number 77, dated 3 November 1967, show his promotion to specialist four (SP4) and MOS as 76K2P. f. He served in Vietnam from 3 December 1967 to 2 December 1968. He was assigned to B CO, 2nd BN (ABN), 506th INF. f. SO Number 334, dated 29 November 1968, assigned him to B Company, 2nd BN, 506th INF, Vietnam in MOS 76K2P. g. On 21 December 1968, Headquarters, 101st ABN DIV, published GO Number 11036, awarding him the Air Medal. h. SO Number 15, dated 17 January 1969, show his assignment to Headquarters and Headquarters Company, 3rd BN, 504th INF, 82nd ABN DIV, Fort Bragg, NC, and his MOS as 76K4P. i. SO Number 119, dated 19 June 1969, reassigned him to the U.S. Army Reserve Control Group (Reinforcement), U.S. Army Administration Center, St. Louis, MO, shows his MOS as 76K4P. j. His DA Form 20, shows in: (1) Item 22 (MOS) secondary MOS 11B4P (Light Weapon Infantryman), 4 November 1966, primary MOS 76K2P (Armor Unit Supply SPC), 15 June 1968 is crossed out and 76Y4P (Supply NCO) 15 June 1969. (2) Item 38 (Record of Assignments), 6 September 1966, MOS 11B1O at Echo CO, 8th Detachment Training (TNG) BN, 3rd TNG Regiment, U.S. Army TNG Command, 9-21 December 1966, 11C1P, 23 February 1967, 11B1P, 25 June 1968, 76Y3P and 17 January 1969, 76Y4P. k. On 20 June 1969, he was honorably released from active duty. He completed 3 years of active service. His DD Form 214 shows in: * item 9 (Date of Birth), XX X__ 19XX * item 23a (Specialty Number and Title), 76Y4P Supply NCO * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, and Parachute Badge 5. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The regulation in effect at the time stated for: * item 9, enter the DOB from the records * item 23a, enter primary MOS code number and title * item 24, enter all awards and decorations 6. By regulation AR 600-8-22 (Military Awards), a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 7. The applicant meets the criteria for award of the Army Good Conduct Medal 91st Award). By regulation AR 600-8-22 (Military Awards), the Army Good Conduct Medal could be awarded, 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. A Soldier's conduct and efficiency ratings must have all been recorded as “excellent” or higher, except that ratings of “Unknown” for portions of the period were not disqualifying. There must have been no convictions by court-martial. * he completed 3 years of continuous active service * he received excellent conduct and efficiency ratings * there is no record of court-martial conviction in his service record BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board concluded that relief was warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded that all requested relief was supported by documentary evidence within the record. For that reason, the board recommended correcting the date of birth of the applicant, changing his military occupational specialty and adding the Bronze Star and Combat Infantryman Badge to his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : 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 relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by: * changing Item 9 (Date of Birth) from XX X__ 19XX to XX X__ 19XX * changing item 23a (Specialty Number and Title), from 76Y4P Supply Noncommissioned Officer (NCO) to 11B4P Infantryman * adding to Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Bronze Star and Combat Infantry Badge (CIB) 2. Prior to closing the case, the Board noted the administrative notes below from the analyst of record and recommended those changes also be completed to more accurately depict the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records shows his birthdate is incorrect and he is eligible for awards not listed on his DD Form 214. As a result, amend his DD Form 214 to show: * add to item 24 * Air Medal, GO Number 11036, dated 21 December 1968 * one silver service star to his already awarded Vietnam Service Medal * Presidential Unit Citation, DAGO Number 38, dated 1971 * Meritorious Unit Commendation, DAGO Number 22, dated 1976 * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), DAGO Number 24 dated 1972 and DAGO Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, DAGO Number 48, dated 1971 * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), SO Number 165, dated 12 October 1966 * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), SO Number 165, dated 12 October 1966 * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), SO Number 106, dated 1 August 1966 REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Section III (Instructions for Preparation and Distribution of the DD Form 214), all available records will be used as a basis for the preparation of DD Form 214WS (Worksheet), including DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. a. Item 9, enter the date of birth from the service record. b. Item 23a, enter the primary military occupational specialty (MOS) code number and title. If the specialty represented by the MOS has a related civilian occupation, enter in item 23b the appropriate job title and number from the dictionary of occupational titles. If not applicable, enter NA. c. Item 24, enter from section 9, DA Form 20 (Enlisted Qualification Record) all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. 3. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for the award: * each 3 years completed on or after 27 August 1940 * for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 * for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty * for first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty b. Service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award 4. 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 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973; and Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. a. The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. b. The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. ABCMR Record of Proceedings (cont) AR20170015177 5 1