RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: FEBRUARY 19, 2004
         DOCKET NUMBER: AR2003090585


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Robert Duecaster		Member
Mr. Melvin H. Meyer		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his DD Form 214, Report of Transfer or Discharge, be corrected to add the awards that he was awarded and earned and are not recorded: i.e., the Purple Heart, the Air Medal, the Army Commendation Medal, the Expert Marksmanship Qualification Badge, with Rifle Bar; and the Sharpshooter Marksmanship Qualification Badge, with Carbine Bar.

2. The applicant states, in effect, that: a.) his records reflect an incorrect military occupational specialty; b.) he was never a heavy weapons infantryman and because of this error, he missed out on receiving pro-pay while he was at Fort Hood, Texas; c.) at the time of his discharge, it did not bother him that his records did not show all the awards that he earned and was awarded; but now, his daughter wants all his military awards; d.) he was told to and he tried to keep a log of his combat assaults with times and dates of all chopper missions he participated in but questions how one can keep a log if you are in the rice paddies for hours and sometimes for days? e.) he received the Army Commendation Medal and it's not even in his file; f.) he has a piece of a pungi stick in his left palm from when he jumped into a canal when being fired upon while on a mission; and g.) if he gets his Purple Heart, it will save him money at the VA (Department of Veteran Affairs) hospital.

3. The applicant provides two applications for correction of his military records and self-authored statements outlining his contentions.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of errors and injustices that occurred on 28 May 1971. The application submitted in this case is dated 25 April 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant enlisted in the Regular Army for 3 years on 28 October 1964. He completed basic combat training at Fort Knox, Kentucky, and his advanced individual training at Fort Dix, New Jersey. On completion of all training, he was awarded the primary military occupational specialty (MOS) 111.00, Light Weapons Infantryman.

4. The applicant was assigned overseas to the United States Army, Europe. He served in Germany from 12 March through 5 October 1965 when he was reassigned to serve in Vietnam.

5. The applicant's MOS was converted from 111.00 to the MOS 11B on 12 March 1965. This conversion is shown in Item 22 (Military Occupational Specialties), of his DA Form 20, Enlisted Qualification Record.

6. The applicant arrived in Vietnam on 10 January 1966 and was assigned to the United States Military Assistance Command, Vietnam (MACV), IV Corps Advisory Group, for duty in the MOS, 11B20, Security Guard. He remained assigned to this unit until he completed his overseas tour on 29 December 1966.

7. On 18 July 1966, the applicant was promoted to the rank and pay grade, Specialist Four, E-4, in the MOS 11C20, Infantry Indirect Fire Crewman.

8. On his return to the United States, he was posted to assignments at Fort Hood, Texas, and in Dillsboro, Indiana.

9. On 31 May 1967, while at Fort Hood, the applicant was honorably discharged for the purpose of immediately reenlisting. He reenlisted in the Regular Army for 4 years. The applicant was provided a DD Form 214 on his discharge. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows he was awarded the following: the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal and one overseas service bar. Item 23a. (Specialty Number and Title) shows he held the MOS 11C20, Infantry Indirect Fire Crewman, on his discharge and reenlistment date. The Purple Heart, the Army Commendation Medal, and the Air Medal are not shown on the DD Form 214.

10. The applicant was awarded the Basic Missileman Badge, in the Fire Control Area, under the provisions of Army Regulation (AR) 622-5 and AR 672-5-1, by Special Orders Number 183, paragraph 7, published by the 88th Artillery Group (Air Defense), Wilmington, Ohio, dated 6 October 1967.

11. On 26 April 1968, the applicant's primary MOS, 11C20, and secondary MOS, 11B20, were withdrawn, and he was awarded the primary MOS, 16C20, and a secondary MOS, 11C20. This reclassification was directed in Special Orders Number 78, paragraph 1, published by the 88th Artillery Group (Air Defense).

12. On 23 February 1969, the applicant was assigned to his second tour of duty in Vietnam. He was assigned to MACV, US Army Advisory Group IV Corps, with

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duty with the 9th Division (Team 60), for duty as a Heavy Weapons Infantry Advisor, MOS: 11C4H. The applicant remained in this assignment, and duty MOS, until he completed his tour of duty in Vietnam and was returned to the United States on 16 February 1970.

13. The applicant was promoted to the rank and pay grade, Staff Sergeant, E-6, with a date of rank of 7 January 1970, by Special Orders Number 19, paragraph 104, published by Headquarters, MACV, dated 19 January 1970. The applicant's primary MOS, 16C, was redesignated his secondary MOS, and his secondary MOS, 11C, was redesignated his primary MOS, in conjunction with his promotion.

14. On the applicant's return to the United States, he attended Drill Sergeant School. On 21 August 1970, he completed this training and he was awarded the primary MOS, 00F (Drill Sergeant). His former primary MOS, 11C, was redesignated and became his secondary MOS.

15. The applicant was honorably discharged on 28 May 1971, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service, in the rank and pay grade, Staff Sergeant, E-6. On the date he was discharged, he had completed a total of 6 years, 7 months, and 2 days active Federal service. The applicant had no lost time.

16. Item 24, of the applicant's DD Form 214, dated 28 May 1971, shows he was awarded the following: the Bronze Star Medal; the National Defense Service Medal; the Vietnam Service Medal, with five campaign stars [correctly known as bronze service stars]; the Republic of Vietnam Campaign Medal; the Good Conduct Medal (2nd Award); the Combat Infantryman Badge; the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16 Rifle); the Driver and Mechanic Badge; and four overseas service bars. Item 23a. (Specialty Number and Title) shows he held the MOS 00F4O, Drill Sergeant, on his discharge date. The Purple Heart; the Army Commendation Medal; the Air Medal; the Basic Missileman Badge, in the Fire Control Area; and Expert Marksmanship Qualification Badge, with Carbine Bar; are not shown on the DD Form 214. Since the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16 Rifle), is already shown in this item of the DD Form 214, this badge will not be discussed further in these proceedings.

17. There is no entry, in Item 40 (Wounds) of the applicant's DA Form 20 to show that he was wounded in action against a hostile force. There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that he was awarded the Purple Heart. There are no orders in the applicant's military

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personnel records awarding him the Purple Heart and the applicant's name does not appear on the Vietnam Casualty List.

18. There is no entry, in Item 41, of the DA Form 20, showing that the applicant was awarded the Army Commendation Medal and there are no orders in his military personnel records awarding him the Army Commendation Medal.

19. There is no entry, in Item 41, of the DA Form 20, showing that the applicant was awarded the Air Medal and there are no orders in his military personnel records awarding him the Air Medal. There are no orders in the applicant's service personnel records showing that he was assigned to either crewmember or non-crewmember flight status while he was in Vietnam.

20. Item 29 (Qualification in Arms) shows that the applicant qualified sharpshooter with the carbine on 1 August 1967. On 11 September 1968, he
re-qualified with the carbine and improved the level of his marksmanship to expert.

21. A review of the applicant's service personnel records was conducted for any evidence that he sustained a pungi stick injury while he served in Vietnam. Standard Form (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History) which were prepared in conjunction with his separation from the Army do not include any reference to a pungi stick injury or another wound.

22. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, IV Corps Advisory Group, a subordinate unit of the United States Military Assistance Command, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 8, dated 1974.

23. AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards. This regulation states that a soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited. Individuals may not wear more than one Republic of Vietnam Gallantry Cross Unit Citation and one Republic of Vietnam Civil Actions Honor Medal Unit Citation; this precludes wear of the Vietnamese fourrageres, which represent additional unit awards.

24. Army Regulation 635-5 provides that Item 26 will show decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Certificates of Achievement, Letters of Commendation, Letters of Appreciation, Unit-specific awards, and similar awards not recognized and included in AR 672-5-1 (as examples, awards earned during organization day activities; badges to be worn only while a soldier was a member of a particular unit and performing certain specific duties; unit-specific recondo badges, the Ancient Order of Saint Barbara, the Honorable Order of Saint Barbara, and the Honorable Order of Molly Pitcher) will not be recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1. At the time of the applicant's discharge on 31 May 1967, he held the primary MOS 11C2O, Infantry Indirect Fire Crewman.

2. Contrary to the applicant's assertions that he was never a heavy weapons infantryman, he was assigned to MACV, US Army Advisory Group IV Corps, with duty with the 9th Division (Team 60), for duty as a Heavy Weapons Infantry Advisor, MOS: 11C4H. It is emphasized, this was a duty MOS and not a primary MOS.

3. The applicant qualified expert with the carbine on 11 September 1968. The Expert Marksmanship Qualification Badge with Carbine Bar is not shown on his DD Form 214. It would be appropriate to add this qualification badge to his separation document at this time.

4. There is no evidence, and the applicant has provided none, to show that he sustained pungi stick or other wounds while he served in Vietnam and that he was awarded the Purple Heart, on either of his tours of duty there. He is therefore ineligible for award of the Purple Heart, at this time.

5. There is no evidence, and the applicant has provided none, to show he was awarded the Army Commendation Medal while he served on active duty. He is therefore ineligible to have the Army Commendation Medal added to his DD Form 214, at this time.

6. There is no evidence, and the applicant has provided none, to show he was awarded the Air Medal while he served in Vietnam. By the applicant's own admission, his efforts to make and keep a log of his combat missions were thwarted by his inability to keep his log dry due to his being in rice paddies while he performed his duties. Because the number of missions cannot be estimated nor substantiated, he is therefore ineligible for award of and to have the Air Medal added to his DD Form 214, at this time.

7. The applicant was awarded the Basic Missileman Badge, in the Fire Control Area. This badge was not included in and was not recognized in AR 672-5-1. Due to a lack of conclusive evidence to indicate that the Army recognized the badge, it is believed to have been a unit-specific badge to be worn only while a soldier was a member of his unit and performing duties related to the air defense mission.

8. The applicant served with a unit subordinate of the United States Military Assistance Command, Vietnam. The United States Military Assistance Command, Vietnam, and its subordinate units, were awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. The applicant is eligible for award of this unit citation and to have it added to his DD Form 214, dated 28 May 1971.

BOARD VOTE:

rjw_____ mm_____ rd_______ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding this unit award to his separation document dated 28 May 1971; and

b. adding the already-awarded Expert Marksmanship Qualification Badge, with Carbine Bar, to his DD Form 214, dated 28 May 1971.

2. The Board further determined that 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 awarding and adding or adding the Purple Heart, the Air Medal, and the Army Commendation Medal to the applicant's DD Form 214s.





                  ____Raymond J. Wagner____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090585
SUFFIX
RECON
DATE BOARDED	20040219
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 1021	100.0000
2. 6	100.0500
3. 46	107.0000
4.
5.
6.