RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: JANUARY 29, 2004
         DOCKET NUMBER: AR2003091380


         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 V. O’Connor		Chairperson
Ms. Karen Y. Fletcher		Member
Ms. Walter T. Morrison		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:

         a. Item 5a. (Grade, Rate or Rank) on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to "E-5" because it was wrongfully taken from him.

b. Item 13b. (Type of Certificate Issued) be changed. The item currently shows "None;" but, he doesn't know what this item means.

c. Item 22c. (Foreign and/or Sea Service) be changed from 1 year and 2 days to 1 year and 17 days.

d. Item 23a. (Specialty Number & Title) be changed from 71H20, Personnel Management Specialist to 11H10, Infantry Direct Fire Crewman.

e. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show:

(1) the Purple Heart he feels he should be awarded for a head wound he received while with Company A, 2nd Battalion, 28th Infantry, 1st Infantry Division.

(2) the second award of the Army Commendation Medal he was awarded, even though the dates on the certificate are incorrect, and he was told that the dates would be changed and sent to him.

(3) the Certificates of Achievement he was awarded while he was with the 1st and 2nd Battalions, 28th Infantry Regiment, 1st Infantry Division, and while he was at Fort Ord, California.

(4) the expert qualification badges he earned in marksmanship, hand to hand combat, field medical training, mapping, and radio communications.

(5) the Combat Infantryman Badge that he was awarded and was taken from him.

         f. Item 25 (Education and Training Completed) be changed to show the advanced individual training he completed at Fort Polk, Louisiana, in the MOS 11H10; and that

         g. Item 30 (Remarks) be changed by deleting the comment, "Excess leave of 17 days from 1 thru 17 Mar 68."

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2. The applicant states that the DD Form 214 is incorrect, and unless it is changed, it will always be incorrect.

3. The applicant provided a seven page self-authored letter, Subject: Correction of Army Form DD-214, with an Index of Attachments, outlining his contentions and specifically naming documents he included with his application to this Board.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of errors and injustices, which occurred on 10 June 1968. The application submitted in this case is dated 14 May 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 was inducted in the Army of the United States on 24 August 1966. Following completion of basic combat training at Fort Ord, California, he completed advanced individual training at Fort Polk, Louisiana, and was awarded the military occupational specialty (MOS) 11H, Infantry Direct Fire Crewman.

4. The applicant was assigned to and arrived in Vietnam on 4 February 1967. He was assigned to the 1st Administration Company, 1st Infantry Division. The applicant remained assigned to this unit until he completed his overseas tour and was returned to the United States on 6 February 1968. Item 22c. shows the applicant was given 1 year and 2 days foreign service credit for his service in Vietnam.

5. The applicant was assigned to the 1st Administration Company, in an on-the-job training status. On 23 March 1967, Headquarters, 1st Infantry Division, published Special Orders 83, paragraph 63, withdrawing his primary MOS (PMOS) 11H10 and awarded him the PMOS 70A10 and made the MOS 11H10 his secondary MOS (SMOS).

6. The applicant was promoted to the rank and pay grade, Specialist Four, E-4, on 7 June 1967, in the PMOS 71H20, in Special Orders 158, paragraph 99, published by Headquarters, 1st Infantry Division. In these same orders, in paragraph 100, the applicant was awarded the PMOS 71H20 and SMOS 71B20. The MOSs 70A10 and 11H10 were withdrawn.

7. There is no evidence, and the applicant has provided none to show, that he was promoted to the pay grade E-5, that he was reduced from the pay grade E-5 for any reason, or that he was on a recommended list for promotion to the pay grade E-5 while he served in the Army.

8. Item 33 (Appointments and Reductions) of the applicant's DA Form 20, Enlisted Qualification Record, shows he was serving in the rank and pay grade, Specialist Four, E-4, on the date of his release from active duty.

9. Item 13b. shows the entry, "None." The applicant was released from active duty, and not discharged, on 10 June 1968. Army Regulation (AR) 635-5, Section III, paragraph 35 provides for the entry of the form number of the certificate issued to a soldier, e.g., "DD Form 256A [for, Honorable Discharge Certificate]","DD Form 257A [for, General Discharge Certificate]." In cases where no formal certificate is authorized to be issued, "None" is to be entered.

10. Item 24 of the applicant's DD Form 214 shows he was awarded the following during his Army service: the Bronze Star Medal, the Army Commendation Medal, the Air Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. The Purple Heart, the Combat Infantryman Badge, a second award of the Army Commendation Medal (correctly known as the Army Commendation Medal with one oak leaf cluster), and "expert" designation for the training subjects shown in paragraph 1.e. (4), in these Proceedings are not shown.

11. The applicant provided two certificates each awarding the Army Commendation Medal to him. One states that it was awarded for meritorious achievement in the Republic of Vietnam during the period 1 May 1967 to 31 May 1967. This certificate is dated 4 November 1967. The second such certificate states that it was awarded for meritorious achievement during the period 1 May 1967 to 31 May 1967. This certificate is dated 25 January 1968.

12. While in Vietnam, the applicant participated in the following three campaigns: the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; and the Tet Counteroffensive, which extended from 30 January through 1 April 1968.

13. The applicant feels that he should be awarded the Purple Heart for a wound to the head he received while with Company A, 2nd Battalion, 28th Infantry.

14. 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. The Purple Heart is not shown in Item 41 (Awards and Decorations), of the DA Form 20. There are no orders in the applicant's military personnel records awarding him the Purple Heart and the applicant's name does not appear on the Vietnam Casualty List.

15. The applicant alleges that the Combat Infantryman Badge he was awarded was taken from him. There is no entry in Item 41 of the applicant's DA Form 20 to show that he was awarded the Combat Infantryman Badge. There are no orders in the applicant's military personnel records to show he was either assigned or attached to an infantry unit of brigade, regimental, or smaller size while he was in Vietnam. There are no orders in the applicant's military personnel records, and the applicant has provided none, to show he was awarded the Combat Infantryman Badge. The Combat Infantryman Badge is not shown in Item 24 of the applicant's DD Form 214.

16. The applicant was awarded the Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar in paragraph 216, Special Orders 309, published by Headquarters, Fort Polk, Louisiana, dated 30 November 1966, and the Expert Marksmanship Qualification Badge with 106mm Recoilless Rifle Bar, in paragraph 218, Special Orders 309, published by Headquarters, Fort Polk, dated 30 November 1966. These qualifications in arms were previously entered, but erased, from Item 29 (Qualification in Arms) of the applicant's DA Form 20 and therefore were not carried over and are not shown in Item 24 of the applicant's DD Form 214.

17. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, lists unit awards received by units serving in Vietnam. This document shows that the unit the applicant served with in Vietnam, the 1st Administration Company, 1st Infantry Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm Unit Citation, for the period 12 July 1965 through 16 October 1968, by Department of the Army (DAGO) 21, dated 1969; the Meritorious Unit Commendation, for the period 1 January through 30 November 1967 and 1 December 1967 through 30 November 1968 by DAGO 66, dated 1968 and DAGO 36, dated 1970, respectively. The applicant was a member of the unit at the time it was cited for these awards.

18. The applicant was awarded a 1st Battalion, 28th Infantry certificate for outstanding achievement and devotion to duty, awarded at the 2nd Battalion, 28th Infantry, dated 5 June 1967; a 1st Battalion, 28th Infantry certificate for outstanding achievement and devotion to duty, dated 4 February 1968; and a US Army Combat Developments Command Experimentation Command certificate of achievement, dated 6 June 1968.

19. The applicant was honorably released from active duty, on 10 June 1968, in the rank and pay grade, Specialist Four, E-4, under the provisions of Army Regulation (AR) 635-200, paragraph 5-19, for the purpose of entering or returning to a college, university or an equivalent educational institution. On his release from active duty, the applicant had 1 year, 9 months, and 16 days active military service, with no lost time.

20. Item 25 (Education and Training Completed) of the applicant's DD Form 214 shows the entry, Basic Training. The applicant's advanced individual training in the MOS 11H is not shown.

21. Item 38 (Record of Assignments), of the applicant's DA Form 20 shows that the applicant had the following "casual" entries signifying that he used his accrued annual leave and allowable travel time in traveling from unit to unit and to and from overseas: 24 August through 4 September 1966, 29 October through 30 October 1966, 16 January through 16 February 1967, 28 January through 25 March 1968, for an overall total of 61 days. A record of ordinary leave that the applicant may have taken, going from his unit and returning to the same, is not available.

22. Item 30 (Remarks) of the applicant's DD Form 214 shows that on his date of release from active duty he was charged for 17 days of excess leave from 1 thru 17 March 68. The applicant provided no document to dispute that this entry is incorrect.

23. AR 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

24. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

25. AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted soldiers who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

26. The applicant contends that he achieved the "expert" level of qualification with the bayonet, the M-79 grenade launcher, the shoulder fired rocket launcher, and in hand to hand combat, field medical training, mapping, and radio communication. There is no entry in either Item 29 or in Item 41 of the applicant's DA Form 20 to support this contention. There are no orders in the applicant's service personnel records, and the applicant has provided none, awarding him this level of qualification with these weapons/arms/specialized training courses.

27. AR 600-8-22 provides for award of combat and special skill badges; basic marksmanship designation badges; distinguished marksmanship designation badges; excellence in competition badges; basic marksmanship qualification badges and bars; the Army Staff Identification Badge; the Guard, Tomb of the Unknown Soldier Identification Badge (an item of organizational equipment); Army ROTC Nurse Cadet Program Identification Badge; Drill Sergeant Identification Badge; U.S. Army Recruiter Badge; Career Counselor Badge; Army National Guard Recruiter Badge; and the U.S. Army Reserve Recruiter Badge. This regulation does not make allowances for award of an expert badge in hand-to-hand combat, field medical training, mapping, and radio communication.

28. AR 635-5, in effect at the time of the applicant's release from active duty, prescribes the separation documents that will be furnished each individual who is separated and establishes standardized procedures for the preparation and distribution of these documents. Paragraph 53, in this same regulation provides the policy and guidance for entries to be made in Item 24 of the DD Form 214. This paragraph provides that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered from the DA Form 20 (Item 41). Paragraph 54 provides for the entering of all "service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared. This entry includes the highest civilian education level acquired during this period of military service, if appropriate."

29. 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 30 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.

30. AR 600-8-22 provides, in pertinent part, that a bronze or silver oak leaf cluster is issued to denote the award of a second and succeeding award of a decoration (other than the Air Medal), the Army Reserve Components Achievement Medal, and unit awards, among which the Meritorious Unit Commendation is included.

DISCUSSION AND CONCLUSIONS:

1. The applicant arrived in Vietnam on 4 February 1967 and departed the overseas command on 6 February 1968 for his return to the United States. Item 22c. of his DD Form 214 shows he was correctly given credit for 1 year and 2 days service in Vietnam. No change in Item 22c. of the DD Form 214 is required.

2. The applicant was reclassified from MOS 11H10 to the MOS 70A10 on 23 March 1967. He was promoted to Specialist Four on 7 June 1967 and was reclassified from MOS 70A10 to MOS 71H20. His SMOS 11H10 was also withdrawn and he was awarded SMOS 71B20 on the same date. Item 23a. correctly shows the applicant's PMOS on the date of his release from active duty and no change is required.

3. Item 5a. shows the applicant was serving in the rank and pay grade, Specialist Four, E-4, on the date of his release from active duty. There is no evidence, and the applicant has provided none, that he was promoted to the pay grade E-5, that he was reduced from the pay grade E-5, or that he was on a recommended list for promotion to the pay grade E-5 while he served in the Army. Item 33 of the applicant's DA Form 20 correctly shows he was serving in the rank and pay grade, Specialist Four, E-4, on the date of his release from active duty; hence, no change to Item 33 is required at this time.

4. The applicant was released from active duty, and not discharged, on 10 June 1968. No formal certificate (discharge certificate) was authorized to be issued; therefore, the entry, "None" in Item 33 of the applicant's DD Form 214 is correct, and no change is required.

5. A soldier earns 2.5 days annual leave per month, for a total of 30 days leave per year. The applicant had a total of 1 year, 9 months, and 16 days active duty on his release from the Army. During this period, he had the ability to earn a total of approximately 54 days annual leave. Item 38 of the applicant's DA Form 20 shows that he used 61 days leave while he was in casual status while moving from unit to unit and to and from overseas. The 61 days does not exclude allowable travel time and does not include any ordinary leave he may have taken from his unit and returning to the same. Item 30 of the applicant's DD Form 214 shows that on his date of release from active duty he was charged for 17 days of excess leave from 1 thru 17 Mar 68. In the absence of documentary evidence that the entry in incorrect, the Board presumes regularity and accepts that what the Army did on the applicant's release from active duty date, insofar as the calculation and verification of annual leave earned and used, was correct. This presumption is supported by the applicant's having affixed his signature to the DD Form 214, and in effect, certifying that the information contained in his DD Form 214 was thought, by him, to be administratively complete and correct.

6. The applicant participated in three campaigns while he served in Vietnam. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation. It would be appropriate to award the applicant three bronze service stars to denote his campaign participation and to be affixed to his already-awarded Vietnam Service Medal, at this time.

7. The applicant qualified expert with the .45 Caliber Pistol and the 106mm Recoilless Rifle. Orders awarding the commensurate qualification badges were published. Marksmanship qualification badges to correspond with the level of qualification are not shown in Item 24 of the applicant's DD Form 214. It would be appropriate to add these badges to his DD Form 214 at this time.

8. There is no evidence, and the applicant has provided none, to show that he was wounded in action against a hostile force while he was in Vietnam. The applicant is therefore not entitled to award of the Purple Heart and to have it added to his DD Form 214 at this time.

9. There is no evidence, and the applicant has provided none, to show that he was either assigned or attached to a unit of brigade, regimental, or smaller size while he served in Vietnam and that he was awarded the Combat Infantryman Badge and that it was taken from him while he was in Vietnam. The applicant is therefore not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214 at this time.

10. The applicant was a member of a unit, the 1st Administration Company, 1st Infantry Division, at the time the unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm Unit Citation, and two awards of the Meritorious Unit Commendation (in effect, the Meritorious Unit Commendation with One Oak Leaf Cluster). These unit awards were not approved until after the applicant was released from active duty; nonetheless, he is entitled to have these unit awards added to his DD Form 214 at this time.

11. The two certificates the applicant provided, in support of his request that the Army Commendation Medal with one oak leaf cluster be added to his DD Form 214, both show the same reason and the identical period of service being recognized. The first certificate is dated 4 November 1967. The second certificate is dated 25 January 1968. In the absence of a second set of general orders awarding the applicant the Army Commendation Medal with one oak leaf cluster, or evidence to the contrary, it appears that the only reasonable conclusion that can be reached is that; a recommendation for award of the Army Commendation Medal was submitted and processed. The citation was lost in distribution to the applicant's unit for its presentation. Later, another citation was prepared to replace the lost one. At some point, the originally prepared awards citation was found and was given to the applicant. Based on the best available evidence, the applicant is not entitled to have the Army Commendation Medal with one oak leaf cluster added to his separation document at this time.

12. AR 635-5, paragraph 53, provides the policy and guidance for entries to be made in Item 24 of the DD Form 214. This paragraph provides that all decorations, service medals, campaign credits, and badges shown in Item 41 of an individual's DA Form 20 will be entered in Item 24. No provisions for the entry, in this item, of certificates of appreciation or commendation were made in the applicable regulation; therefore, the applicant is not entitled to have a record of the certificates of appreciation he received recorded on his DD Form 214.

13. The applicant successfully completed advanced individual training and was awarded the MOS 11H after successfully completing basic combat training. This course is not shown in Item 25 of his DD Form 214. It would be appropriate to add this training course to Item 25 at this time.

BOARD VOTE:

wtm_____ kyf_____ rvo_____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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. adding the following to Item 25 of the applicant's DD Form 214: "USATCI, Ft. Polk, LA/Infantry Direct Fire Crewman (11H10)/8 Weeks/1967;"

         b. adding the already-awarded Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar and the Expert Marksmanship Qualification Badge with 106mm Recoilless Rifle Bar to Item 24 of the applicant's DA Form 214;

         c. awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm Unit Citation, and the Meritorious Unit Commendation, with one oak leaf cluster, and adding these awards to Item 24 of the applicant's DD Form 214; and

         d. awarding the applicant three bronze service stars to be affixed to his already-awarded Vietnam Service Medal to denote his campaign participation and adding these to the applicant's DD Form 214.

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 the applicant's request that:

         a. Item 5a., on his DD Form 214, be changed to "E-5."

b. Item 13b. be changed from "None."

c. Item 22c. be changed from 1 year and 2 days to 1 year and 17 days.

d. Item 23a. be changed from 71H20, Personnel Management Specialist to 11H10, Infantry Direct Fire Crewman.

e. Item 24 be corrected to show award of the Purple Heart; the second award of the Army Commendation Medal, in effect, the Army Commendation Medal with one oak leaf cluster; the Combat Infantryman Badge; and expert qualification badges in mapping, hand-to-hand combat, field medical training, and radio communications.

f. Item 24 be corrected to add the Certificates of Achievement he was awarded while he was with the 1st and 2nd Battalions, 28th Infantry Regiment, 1st Infantry Division, and the Combat Developments Command Experimentation Command at Fort Ord, California; and that

f. Item 30 be changed by deleting the comment, "Excess leave of 17 days from 1 thru 17 March 68."





                  ___Raymond V. O’Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091380
SUFFIX
RECON
DATE BOARDED	20040129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 1021	100.0000
3. 189	110.0000
4.
5.
6.