IN THE CASE OF: 

		BOARD DATE: 17 May 2023

		DOCKET NUMBER: AR20220009587


APPLICANT REQUESTS:  

*	correction of his DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) to show his military occupational specialty (MOS) as 11C 
(Indirect Weapons Infantryman)
*	approval of his claim for Department of Veterans Affairs (VA) benefits 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	orders for the Bronze Star Medal, Army Commendation Medal, and Air Medal
*	several miscellaneous military records

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 is requesting approval of his claim for VA benefits; however, approval 
of VA claims is not within the purview of the ABCMR. This portion of the applicant's 
request will not be discussed further in this Record of Proceedings.

3.  The applicant states:

	a.  On 6 March 2022, the VA called him to schedule several examinations to 
determine his disabilities status and benefits. He was having surgery in April 2022 so he 
asked to schedule the examinations for a later date. The VA agreed but they did not get 
back to him to schedule the appointments. He then received a letter denying his 
disability claim based on MOS 76Y (Unit Supply Specialist), suggesting that it was 
unlikely for his medical conditions to happen. 

	b.  His primary MOS was 11C, with service in Vietnam. He was wounded, treated in 
a field hospital, and released back to combat. He slept on the ground, in the rain, with 
only a poncho, poncho liner, and in the same uniform for over 5 months. Most of their 
food were C-rations. He was in enemy contact more times than he can count. 

4.  The applicant was inducted into the Army on 22 March 1968. He was awarded MOS 
11C upon completion of advance individual training. 

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

*	item 31 (Foreign Service), he served in Vietnam from 25 April 1969 to 14 March 
1970
*	item 38 (Record of Assignments), he was assigned to the 1st Battalion, 12th 
Infantry during his service in Vietnam with duties in MOS 11C

6.  Orders issued by Headquarters (HQ), 4th Infantry Division on 29 December 1969, 
awarded the applicant MOS 76Y as his secondary MOS under the authority of Army 
Regulation 600-200 (Enlisted Personnel Management System), paragraph 2-26b(3). 
The orders do not show MOS 11C was withdrawn as his primary MOS (PMOS)

7. Orders issued by HQ, 4th Infantry Division on 3 February 1970, directed the 
applicant's reassignment to Transfer Station for separation processing. The orders 
shows his MOS as 11C4O.

8.  Orders issued by the U.S. Army Personnel Center, Fort Lewis, Washington on 
12 March 1970, directed the applicant release from active duty effective 12 March 1970. 
The orders show his MOS as 11C4O.

9.  The applicant's DD Form 214 shows he was honorably release from active duty and 
transfer to the U.S. Army Reserve on 12 March 1970. The DD Form 214 further shows 
in:

	a.  item 23a (Specialty Number and Title) the entry 76Y4O

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign 
Ribbons Awarded or Authorized) the: 

*	National Defense Service Medal 
*	Army Good Conduct Medal
*	Vietnam Service Medal Vietnam Campaign Medal (also known as the 
Republic of Vietnam Campaign Medal with Device 1960)
*	Combat Infantryman Badge
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 
*	2 overseas service bars

10. The applicant provided orders awarding him the Bronze Star Medal, Army 
Commendation Medal, and the Air Medal. These awards were not recorded on his 
DD Form 214.

BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was/was not 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 11C (Indirect Weapons Infantryman).  His official 
military personnel record contains permanent orders awarding him the MOS of 11C. 
Based on this the Board granted relief to correct the applicant’s DD Form 214 to show 
his military occupational specialty (MOS) as 11C (Indirect Weapons 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 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 12 March 1970 to show in Item 23a (Specialty 
Number & Title) 11C (Indirect Weapons 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):

1.  The applicant provided orders showing he was awarded the following awards, which 
were not recorded on his DD Form 214:

*	Bronze Star Medal for meritorious service during the period April 1969 to March 
1970
*	Army Commendation Medal for meritorious service during the period March 1969 
to March 1970
*	Air Medal for meritorious service 20 March 1969 to 15 January 1970.

His DD Form 214 should be corrected to show these awards.

2.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal. 
Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with participating. 
Appendix B of this regulation shows that during his service in Vietnam, participation 
credit was awarded for the following three campaigns:

*	Tet 69/Counteroffensive (23 February - 8 June 1969)
*	Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
*	Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

His DD Form 214 should be corrected by deleting the Vietnam Service Medal and 
adding the Vietnam Service Medal with three bronze service stars.
3.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation 
Credit Register) lists the awards received by units serving in Vietnam. This pamphlet 
shows that during his assignment to the 1st Battalion, 12th Infantry, this unit was cited 
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 
1966 to 28 July 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class 
Unit Citation for the period 1 October 1966 to 31 October 1969. His DD Form 214 
should be corrected to show these unit awards.


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 600-200, paragraph 2-26 (Initial designation of secondary MOS), of 
the regulation in effect at the time, states when an individual acquires two awarded 
MOS, one will be designated as secondary. Paragraph 2-26b(3) (the authority shown on 
the applicant's orders awarding him MOS 76Y), states MOS may be awarded and 
designated as secondary without change in PMOS on the basis of temporary 
performance of duty in other than PMOS.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army. It established standardized policy for the 
preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's 
most recent period of continuous active service. It provides a brief, clear-cut record of 
active Army service at the time of release from active duty, retirement, or discharge. 
The version of the regulation in effect at the time of the applicant's separation states that 
for item 23a, enter PMOS, code number, and title.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220009587


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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