IN THE CASE OF: BOARD DATE: 13 July 2022 DOCKET NUMBER: AR20210016076 APPLICANT REQUESTS: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show – * his specialty number 9620 and title as Signal Intelligence Officer in item 23a (Specialty Number and Title) * his combat service in the Republic of Vietnam from March 1967 to April 1968 with the 1st Infantry Division and the 199th Infantry Brigade item 30 (Remarks) * his enlisted service * a personal appearance hearing before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 applicant states his DD Form 214 does not indicate his status as a signal intelligence officer in specialty number 9620 in Vietnam from March 1967 to April 1968 with the 1st Infantry Division and the 199th Infantry Brigade. His DD Form 214 also does not fully indicate his enlisted service other than the length. 3. He enlisted in the Regular Army on 17 February 1965 for a period of 4 years. 4. He was honorably discharged to accept a commission on 2 November 1966. His DD Form 214 for this period shows in: * item 24a(1) (Net Service This Period) – 1 year, 8 months, and 16 days * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 5. His DA Form 1059 (Academic Report), 7 March 1967, shows he completed the Communications and Intelligence Officer Course (9620 05-67). 6. His DA Form 66 (Officer Record Brief) shows in: * item 9 (Military Occupational Specialties (MOSs)) – * Code 1542 – Infantry Unit Commander – 3 November 1966 * Code 9260 – Communications and Intelligence Officer – 3 November 1966 * Code 2900 – Headquarters Unit Commander – 4 September 1968 * Code 9630 – Signal Security Officer – 3 May 1972 * item 17 (Foreign Service) – overseas tour credit for service in U.S. Army Pacific- Vietnam from 24 March 1967 to 22 March 1968 * item 18 (Record of Assignments) – * 27 March 1967 through 12 January 1968 – MOS 9620 (Communications and Intelligence Officer) – 337th Radio Research Company * 13 January 1968 through 22 March 1968 – MOS 9620 (Communications and Intelligence Officer) – 856th Radio Research Detachment * 21 June 1971 through 14 August 1973 – MOS 9630 (Signal Security Officer) – Combat Developments Activity 7. He was honorably relieved from active duty on 15 August 1973 and transferred to the U.S. Army Reserve Control Group (Standby). His DD Form 214 for this period shows in: * item 22a(1) (Net Service This Period) – 6 years, 9 months, and 13 days (enlisted service carried forward from prior DD Form 214) * item 23a (Specialty Number and Title) – 9630 (3 May 1972), Signal Security Officer * item 22a(2) (Other Service) – 1 year, 8 months, and 16 days (enlisted service carried forward from prior DD Form 214) * item 22b (Total Active Service) – 8 years, 5 months, and 29 days * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Bronze Star Medal * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Valorous Unit Award * Meritorious Unit Commendation (3rd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award) * two overseas service bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * item 30 (Remarks), in part – VIETNAM – 24 MAR 67-22 MAR 68, INDOCHINA – YES, KOREA – NO BOARD DISCUSSION: 1. After reviewing the application, supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The Board determined the applicant’s DD Form 214, for the service period ending 15 August 1973, accurately captured the required information. Upon review of the applicant’s petition and available military records, the Board found concluded there was sufficient evidence of an error or injustice which would warrant changes to his DD Form 214 for correction of the applicant’s specialty number in item 23. However, the Board determined the applicant’s DD Form 214 for the period ending 15 August 1973 accurately reflects in item 30 his tour in Vietnam. There is no regulatory guidance that has unit affiliation annotated on the DD form 214. Based on this, the Board granted partial relief. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. 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 a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show in item 23a (Specialty Number and Title) -9620- Signal Intelligence Officer 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 his enlisted service. 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 copy of the applicant's DD Form 214 covering the period 17 February 1965 through 2 November 1966 will be provided for his records. REFERENCES: 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 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-5 (Separation Documents), 23 May 1972, prescribed the separation documents that were furnished each individual who was separated from the Army. a. The specific instructions for completing each item of the DD Form 214 included for: * item 23a (Specialty Number and Title) – enter the primary MOS code number, title, and date of award * item 30 (Remarks) – the Remarks section will be used to complete entries too long for their respective blocks; for Officer personnel – indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea b. There were no provisions for entering combat units of assignment or prior periods of enlisted service in the Remarks section. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016076 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1