ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 14 February 2020 DOCKET NUMBER: AR20190006992 APPLICANT REQUESTS: the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 August 1969: * item 23a (Specialty Number & Title) - primary military occupational specialty (PMOS) as 13A1O Artilleryman instead of 94B2O Cook, and * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to add the awards he earned in Vietnam APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * a letter * Standard Form 180 (Request Pertaining to Military Records) 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 (ABCMR) 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 Board will only consider the Army Good Conduct Medal. All other awards to which the applicant is entitled will be addressed by an administrative correction. 3. The applicant enlisted in the Regular Army on 31 August 1966. 4. Special Orders Number 191 issued by Headquarters, Fort Campbell, Fort Campbell, KY, awarded him PMOS 13A1O effective 25 January 1967. 5. Special Orders Number 326 issued by Headquarters, 24th Infantry Division, Fort Riley, KS, withdrew PMOS 13A1O and awarded him PMOS 94B2O and secondary MOS 13A1O effective 11 November 1968. 6. The applicant was honorably released from active duty on 29 August 1969. The DD Form 214 he was issued lists 94B2O Cook in item 23a. 7. The applicant’s DD Form 214 does not reflect the Army Good Conduct Medal (1st Award). His DA Form 20 (Enlisted Qualification Record) shows he received all excellent conduct and efficiency ratings and his record contains no convictions by a court-martial. Additionally, his record does not include a statement to indicate that his commander disqualified him from the first award of the Army Good Conduct Medal. 8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214. It stated, in effect, for item 23a to list the primary MOS code number and title. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon a complete review of the applicant’s record, as well as the administrative notes below from the analyst of record, the awards requested to be added to the applicant’s DD Form 214 had merit. The Board found that the applicant’s performance warrants a Good Conduct Medal, and other awards were previously awarded to the applicant. Additionally, although the MOS reflected on the applicant’s DD Form 214 was not in error as his MOS at the time of separation was accurately reflected, the Board determined that making the requested change would not be inappropriate, as he retained the requested MOS for a large portion of his military career. Therefore, the Board recommended noting the requested MOS in Box 30 (Remarks) of the 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: 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 adding the statement, “SM held the MOS of 13A1O from 25 January 1967 to 11 November 1968”, in Block 30, and awarding and adding: * Army Good Conduct Medal for the period of 31 August 1966 to 29 August 1969 * All other awards reflected below in the administrative notes. 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): Administratively correct his DD Form 214 for the period on 29 August 1969, in item 24 to add: * Vietnam Campaign Medal with two bronze service stars * Republic of Vietnam Campaign Medal with (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation (2nd Award) * Presidential Unit Citation (Navy) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Two Overseas Service Bars 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 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 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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. 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. 3. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214. It stated, in effect, for item 23a to list the primary MOS code number and title. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006992 4 1