ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE BOARD DATE: 31 January 2019 DOCKET NUMBER: AR20170015680 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by: •changing his military occupational specialty (MOS) to 11B2P •showing he had prior enlisted service •adding the Bronze Star Medal (BSM) •adding the Vietnam Gallantry Cross with Palm unit citation •in effect, adding bronze service stars to his Vietnam Service Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record) •two DD Forms 214, dated 25 February 1964 and 12 July 1968 •Combat Infantryman Badge order •BSM Certificate •DD Form 214, 12 July 1968 •message from Army Reserve Personnel Center FACTS: 1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file. 2.The applicant’s awards requests are supported by sufficient evidence; therefore,they will be administratively corrected as annotated under ADMINISTRATIVE NOTESand not considered by the Board. The Board will consider: •MOS change to reflect 11B2P •“Enlisted (Prior Service) marked in sections 17 and 19 of his DD Form 214s •AGCM (discovered with record’s review that applicant may be eligible) 3.The applicant states: •he has official government documentation in the form of a "citation" andcertificate that displays when he was presented the BSM •he served with Vietnam (Maps) Corps I, II and III •he believes the mission information was not recorded properly or at all by theunit record keeper in the midst of combat •he can only imagine that written documents created or collected by the unitrecord keeper was lost in transition 4.The applicant on: •1 August 1963, enlisted in the Texas Army National Guard and served under theMOS 11B, Light Weapons Infantryman per his NGB Form 22, dated 20 July 1966 •26 August 1963, was ordered to active duty training for 6 months in the RegularArmy per his DD Form 214, dated 25 February 1964 and orders to training, dated14 August 1963 •25 February 1964, was released to the Texas Army National Guard •20 July 1966, was honorably discharged from the Texas Army National Guard forInduction in the U.S. Army •21 July 1966, was inducted into the Regular Army per his DD Form 214 dated12 July 1968 •2 December 1966, awarded MOS of 94B, Cook, per course certification •19 December 1966, authorized the Parachute Badge per Special Orders 293 •14 December 1967 through 13 July 1968, served in the Republic of Vietnam as a94B, Cook •12 July 1968, transferred to US Army Reserve per Special Orders 194 and hisDD Form 214, dated 12 July 1968 5.Though the applicant did not request it, a review of the applicant's records indicatehe was not awarded the Army Good Conduct Medal (AGCM). Army Regulation 672-5-1(Awards), in effect at the time, provides the Army Good Conduct Medal (AGCM) isawarded in recognition of exemplary behavior, efficiency, and fidelity during enlistedstatus in active Federal military service. The applicant's record shows: •he served honorably from 21 July 1966 through 12 July 1968 •he received "excellent" conduct and efficiency ratings during his period of service •he accepted nonjudicial punishment on 1 September 1967 for breaking restriction •his service record does not show he was award the AGCM 6.The applicant's DD Form 214, dated 12 July 1968, indicates the applicant was: •inducted into the Regular Army from the Army National Guard for 2 years •a cook with the MOS 94B at the time of his discharge 7.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes theseparation documents prepared for Soldiers upon retirement, discharge, or release fromactive military service or control of the Army. a.The regulation states, for a Soldier who is inducted into the Regular Army fromthe Army National Guard, previous service will be indicated in item 17a as “other” and enter "Ordered from ARNGUS or USAR" or "Called from ARNG," as appropriate. 17b will indicate the number of years ordered to active duty. b.The regulation states item 23a will include the primary MOS Code number, titleand date of award. 8.Army Regulation 611-201 (Enlisted Career Management Fields and MilitaryOccupational Specialties), in effect at the time, states the fifth character of a MOS is aletter or number which identifies special qualifications. Character "P" is used to identifypositions requiring assignment of personnel who are parachute qualified. BOARD DISCUSSION: 1.The Board considered the applicant’s request with all supporting documents,evidence in the service record and applicable policies and guidance. Several of theapplicant’s awards requests will be done with administrative corrections. 2.The applicant was authorized the Parachute Badge effective 19 December 1966 perSpecial Orders 293. The authorization occurred when the applicant had the MOS 94B.In accordance with Army Regulation 611-201 (Enlisted Career Management Fields andMilitary Occupational Specialties), the Board finds the Airborne MOS SpecialQualification Digit “P” should be as the fifth character of the MOS 94B and not the priorMOS of 11B. 3.The applicant was inducted from the Army National Guard into the Regular Army andserved two years. In accordance with Army Regulation 635-5 (Separation Documents),for a Soldier who is inducted into the Regular Army from the Army National Guard,previous service will be indicated on the DD Form 214 in item 17a as “other” and enter"Ordered from ARNGUS or USAR" or "Called from ARNG," as appropriate. 17b willindicate the number of years ordered to active duty. The Board finds the applicant’s: •DD Form 214, dated 25 February 1964 is correct in item 19 that it identified theapplicant being ordered to active duty for training •DD Form 214, dated 19 July 1968 was in error and should reflect in item 17a“Other and Ordered from ARNGUS” and 17b “2” years as shown on hisNGB Form 22 4.The Board found the applicant received all "excellent" conduct and efficiency ratingsduring his period of service. In accordance with Army Regulation 672-5-1 (Awards), hemeets criteria for award of the Army Good Conduct Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 arecommendation for partial relief. As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by amendinghis DD Form 214, dated 19 July 1968 by:•deleting the entry in items 17a and 17b•deleting "94B20" from item 23a•adding the entry “Other” and "Ordered from ARNGUS" in item 17a•adding the entry "2" in item 17b•adding the entry "94B2P" in item 23a•adding Army Good Conduct Medal (1st award) from 21 July 1966 to12 July 19682.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief. As a result, the Board recommends denial of so much ofthe application amending his MOS on his DD Form 214 to reflect 11B2P and amendingitem 19 on his DD Form 214, dated 25 February 1964. Microsoft Office Signature Line... 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): 1.The applicant provides a BSM Certificate and citation. His service records containGeneral Orders Number 686, Headquarters 101st Airborne Division awarding theapplicant the BSM.2.His unit of assignment was authorized wear of the Vietnam Gallantry Cross withPalm Unit Citation on Department of the Army General Order (DAGO) 21, 8 April 1969.3.The applicant served in Vietnam from 14 December 1967 through 13 July 1968.Army Regulation 600-8-22 (Awards) shows he participated in the following campaigns:•Vietnam Counteroffensive Phase III - 1 June 1967 through 29 January 1968•Tet Counteroffensive - 30 January 1968 through 1 April 1968•Vietnam Counteroffensive Phase IV - 2 April 1968 - 30 June 1968•Vietnam Counteroffensive Phase V - 1 July 1968 through 1 November 19684.DA Pam 672-3 shows the 1st Battalion, 501st Infantry was awarded the Republic ofVietnam Civil Actions Honor Medal First Class Unit Citation for 18 March 1968 through2 May 1970 on DAGO 48, 14 October 1971.5.Special Orders 134, Headquarters 8th Infantry show the applicant qualified as anexpert on his M14.6.Amend his DD Form 214, item 24 (Decorations, Medals, Badges, Commendations,citations, and Campaign Ribbons Awarded or Authorized) by:•deleting the Vietnam Service Medal•adding the Bronze Star Medal•adding the Vietnam Service Medal with 4 Bronze Service Stars•adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation•adding the Republic of Vietnam Civil Actions Honor Medal First Class UnitCitation•adding Expert Marksmanship Badge with Rifle Bar (M-14) REFERENCES: 1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the Army Board for Correction of MilitaryRecords (ABCMR) to excuse an applicant's failure to timely file within the 3-year statuteof limitations if the ABCMR determines it would be in the interest of justice to do so. 2.Army Regulation 611-201 (Enlisted Career Management Fields and MilitaryOccupational Specialties), in effect at the time, states the enlisted military occupationalspecialty (MOS) code consists of nine characters. The element of the MOS code are: •the first three characters are comprised of two numbers and one letter, whichidentify the MOS without regard to level of skill •the fourth character is a number from zero to five which indicates the skill levelwithin the MOS; skill level 1 identifies E3 and E4 positions; skill level 2 identifiesE5 positions; skill level 3 identifies E6 positions; skill level 4 identifies E7positions; skill level 5 identifies E8 and E9 positions •the fifth character is a letter or number which identifies special qualifications;character "V" is used to identify positions requiring assignment of personnelwho are ranger and parachute qualified •the sixth and seventh character are comprised of a letter and number or anumber and letter to be added to the five character code to identify highlyspecialized skills •the eighth and ninth characters consists of two letters and is the languageidentification code 3.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes theseparation documents prepared for Soldiers upon retirement, discharge, or release fromactive military service or control of the Army. It establishes standardized policy for thepreparation of the DD Form 214, which provides a brief, clear-cut record of active Armyservice at the time of release from active duty, retirement or discharge. It states: (a)For item 17a, for enlisted personnel, check appropriate space to indicatedmeans of entry on current active service. If the enlisted person was ordered or called to active duty from Reserve component, check "other" and enter "Ordered from ARNGUS or USAR" or "Called from ARNG," as appropriate. (b)For item 17b, indicate the term of service (in years) for which enlisted, reenlistedor ordered to active duty. (c)For item 23a and b, enter primary MOS code number and title. If the specialtyrepresented by the MOS has a related civilian occupation, enter in item 23b the appropriate job title and coded number from the dictionary of occupational titles. If not applicable, enter "NA". 4. Army Regulation 672-5-1 (Awards), in effect at the time, provides the Army Good Conduct Medal is awarded in recognition of exemplary behavior, efficiency, and fidelity during enlisted status in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status. The qualifying periods of service to receive the Good Conduct Medal are: • each 3 years completed on or after 26 August 1940 • 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 about 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 were killed in action or who died prior to the completion of one year's active Federal military service