IN THE CASE OF: BOARD DATE: 17 May 2023 DOCKET NUMBER: AR20220005591 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United Stated Report of Transfer or Discharge) to add the Purple Heart and to show his military occupational specialty (MOS) as 11B (Infantryman). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders (GO) Number 70, Headquarters 85th Evacuation Hospital, 2 April 1970 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. A review of the applicant's record and Army regulations shows the applicant was awarded the Purple Heart and he meets the criteria for additional awards not currently listed on his DD Form 214. These awards will be addressed through an administrative correction without action by the Board. 3. The applicant states, he wants to make sure his DD Form 214 is correct. 4. The applicant was inducted into the Army of the United States on 17 June 1969. 5. Special Orders (SO) Number 212, Headquarters, United States Army Training Center, Armor, Fort Knox, KY, dated 31 July 1969 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 6. SO Number 224, Headquarters, United States Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 15 September 1969 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 7. SO Number 240, Headquarters, United States Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 1 October 1969 awarded him the Second-Class Gunner Qualification Badge with Machine Gun Bar (M-60). 8. SO Number 316, Headquarters, United States Army Training Center, Armor, Fort Knox, KY, dated 12 November 1969 awarded him MOS 11B (Infantryman). 9. His DA Form 20 (Enlisted Qualification Record) shows: a. Item 31 (Foreign Service) shows service in United States Army Pacific (USARPAC) -Vietnam from 12 December 1969 to 13 April 1970. b. Item 38 (Record of Assignments) shows, during his service he received all excellent or unknown conduct and efficiency ratings, and - (1) He was assigned to Company B, 1st Battalion (Airmobile), 501st Infantry Regiment, Vietnam from 27 December 1969 to 3 April 1970. (2) He was assigned in a patient / casual duty status to Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan from 4 April 1970 to 12 April 1970. (3) He was assigned in a patient duty status at Medical Hold Detachment, U.S. Army Medical Detachment, Naval Hospital, Great Lakes, IL from 13 April 1970 to 16 April 1970 10. General Orders Number 70, Headquarters, 85th Evacuation Hospital (Semi- mobile), dated 2 April 1970, announced he was awarded the Purple Heart (1st Award) for wounds received in action in the Republic of Vietnam on 1 April 1970. 11. GO Number 6355, Headquarters, 101st Airborne Division (Airmobile), dated 6 June 1970, announced he was awarded the Army Commendation Medal. 12. SO Number 117, Headquarters, 5th Infantry Division (Mechanized), Fort Carson, CO, dated 26 June 1970, promoted him to the MOS of 11B20 vice 11B10 in the rank of Specialist Four (SP4). 13. SO Number 92, Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, dated 2 April 1971, reassigned him with an 11B MOS to Transfer Point U.S. Army Garrison for separation. 14. SO Number 160, Headquarters, Fort Carson and Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, dated 9 June 1971, announced his release from active-duty effective 16 June 1971. These orders reflected his MOS as 94B. 15. The applicant was honorably discharged from the United States Army effective 16 June 1971. He completed 2 years of creditable active service and transferred into the United States Army Reserve (USAR). His DD Form 214 shows: a. Item 23a (Specialty Number & Title), MOS 94B (Cook) b. Item 23b (Related Civilian Occupation and D.O.T Number), 310.138 Kitchen Supervisor. c. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following: * National Defense Service Medal * Vietnam Service Medal with 2 Bronze Service Stars * Vietnam Campaign Medal with Device 1960 16. The applicant's record shows he had all “Unknown” or “excellent” conduct and efficiency ratings and he received an honorable characterization of service. Additionally, his record does not contain any evidence of convictions by a court-martial or a commander's statement of disqualification. 17. Except for his 11B MOS there is no evidence in his record that shows he completed any military training course, served in, or received orders awarding him the MOS 94B (Cook). 18. Regulatory guidance in effect at the time provided guidance for the entries in item 23a and 23b to enter primary MOS code number and title, specifically, if the specialty represented by the MOS has a related civilian Occupation, enter in item 23b the appropriate job title and code number. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that 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. Upon review of the applicant’s petition and available military records, the Board found sufficient evidence to support the applicant held the military occupational specialty (MOS) of 11B (Infantryman). His official military personnel record contain permanent orders awarding him the MOS of 11B. Based on this the Board granted relief to correct the applicant’s DD Form 214 to show his military occupational specialty (MOS) as 11B (Infantryman). 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 by amending the applicant’s DD Form 214 for the period ending 16 June 1971 to show in Item 23a (Specialty Number & Title), MOS 11B (Infantryman). 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 records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 16 June 1971. As a result, amend his DD Form 214 by adding the following awards to Item 24 on DD Form 214: * Purple Heart * Army Commendation Medal * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal, First Class unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Second Class Gunner Marksmanship Qualification Badge with Rifle Machine Gun Bar (M-60) 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 635-5 (Personnel Separations), in effect at the time, established the standardized policy and guidance for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions, as they existed at the time of separation. Section 3, paragraph 52 (Item 23a and b), states enter primary 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 code number from the dictionary of occupational titles. If not applicable, enter “NA.” 3. 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, 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. 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. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), which lists awards received by units during the Vietnam era, shows – a. Department of the Army General Order (DAGO) 8, dated 1974 announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the following units: (1) Headquarters, United States Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973, and (2) Headquarters, United States Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. b. Company B, 1st Battalion (Airmobile), 501st Infantry Regiment, 101st Airborne Division was awarded the: (1) Meritorious Unit Citation for the period 1 November 1968 to 30 June 1970 by Department of the Army General Order (DAGO) 51, dated 1971, and (2) Republic of Vietnam Civil Actions Honor Medal, First Class for the period 30 August 1968 to 2 May 1970 by DAGO 48, dated 1971 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005591 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1