RECORD OF PROCEEDINGS


	IN THE CASE OF:  


	BOARD DATE:	  
	DOCKET NUMBER:  AR20080000334 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



Member
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

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



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his discharge document.

2.  The applicant states, in effect, he is a Vietnam War veteran and about 1 year ago he received a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  Upon review of the document, he noticed a number of critical omissions, including his training and assignment in military occupational specialty (MOS) 11B (Light Weapons Infantryman), MOS 91B (Ambulance Driver), MOS 64A (Light Vehicle Driver); Personnel Carrier and Sniper training in 1967; award of the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation and French Fourragere; and authorization for the infantry shoulder cord and black beret.

3.  The applicant provides a self-authored statement, dated 10 November 2007, and extract of a DA Form 20 (Enlisted Qualification Record), pages 2 and 4.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records show that he was inducted into the U.S. Army on 12 May 1966.

3.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  Item 32 (Civilian Education) shows he attended Sacramento County Boys Ranch, Sacramento, California, and completed
11 years of schooling in 1964.  Item 28 (Specialized Training) shows he completed Code of Conduct training on 2 June 1966 and Army Training Program (ATP) 21-114 (Basic Combat Training) on 15 July 1966.  Item 29 (Qualification in Arms) shows the applicant completed the M-14 (Rifle) Test Fire course on
22 June 1966 and qualified sharpshooter.  Item 27 (Military Education) shows he completed the 8-week Wireman course (MOS 36K1O) Combat Support Training (CST) in 1966.  Item 22 (Military Occupational Specialties) shows he was awarded MOS 36K (Field Wireman) on 1 October 1966 based upon formal school training and that MOS 36K2O was designated his primary MOS.  

4.  Item 38 (Record of Assignments) of the DA Form 20 shows the applicant was assigned to:

     a.  U.S. Army Reception Station, Fort Ord, California, effective 12 May 1966; 

     b.  Company A, 4th Battalion, 3rd Brigade, Fort Ord, California, effective
23 May 1966, in Duty MOS 09B0O (Trainee);

     c.  Company A, 2nd Battalion, 4th Brigade, Fort Ord, California, effective
21 October 1966, in Duty MOS 36A1O (Student);

     d.  Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry, Republic of Vietnam (RVN), effective 13 November 1966, in Duty MOS 64A1O (Light Vehicle Driver);

     e.  Troop C, 3rd Squadron, 4th Cavalry (RVN), effective 7 November 1967, in Duty MOS 36K1O (Wireman);

     f.  513th Maintenance Company (Light Equipment) (General Support), Sacramento Army Depot, Sacramento, California, effective 28 December 1967, in Duty MOS 91B2O (Ambulance Driver);

    g.  513th Maintenance Company (Light Equipment) (General Support), Sacramento Army Depot, Sacramento, California, effective 1 January 1968, in Duty MOS 36K2O (Field Wireman); and

     h.  U.S. Army Reserve (USAR) Control Group (Annual Training), U.S. Army Administration Center (USAAC), St. Louis, Missouri, effective 11 May 1968.

5.  Item 31 (Foreign Service) of the DA Form 20 shows he served in the Republic of Vietnam from 10 November 1966 through 8 November 1967 and Item 39 (Campaigns) shows he participated in the Vietnam Counteroffensive Phase II campaign.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

6.  The applicant's military service records contain a copy of Headquarters,
4th Infantry Division (RVN), Special Orders Number 176, dated 25 June 1967.  These orders show, in pertinent part, that the applicant was reassigned from Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry (RVN) to Troop C, 3rd Squadron, 4th Cavalry (RVN), with a reporting date of 29 June 1967.  These orders also show his primary MOS was 36A1O.

7.  The applicant's military service records contain a copy of Headquarters,
3rd Squadron, 4th Cavalry, 3rd Brigade Task Force, 25th Infantry Division (RVN), Unit Orders Number 20, dated 14 July 1967.  These orders show, in pertinent part, that the applicant was appointed to the temporary grade of private first class (PFC)/pay grade E-3 in MOS 11D2O (Armor Intelligence Specialist).

8.  The applicant's military service records contain a copy of Headquarters,
4th Infantry Division (RVN), Special Orders Number 308, dated 4 November 1967.  These orders show, in pertinent part, the applicant was reassigned from Troop C, 1st Squadron, 10th Cavalry (RVN) to U.S. Army Vietnam Returnee Detachment on 8 November 1967, for further assignment to the U.S. Army Infantry School Student Brigade, Fort Benning, Georgia, with a reporting date of
15 November 1967.  These orders also show his primary MOS was 11D2O.

9.  The applicant's military service records contain a copy of Headquarters,
U.S. Army Personnel Center, Oakland, California, Special Orders Number 355, dated 21 December 1967.  These orders show, in pertinent part, the applicant was diverted from assignment to the U.S. Army Infantry School Student Brigade, Fort Benning, Georgia, and reassigned to 513th Light Maintenance Company (General Support), Sacramento Army Depot, Sacramento, California, with a reporting date of 15 November 1967.  These orders also show his primary MOS was 36K1O.

10.  The applicant's military service records contain copies of Headquarters, Sacramento Army Depot, Sacramento, California, Special Orders Number 36, dated 20 February 1968, as amended by Headquarters, Sacramento Army Depot, Sacramento, California, Special Orders Number 43, dated 1 March 1968. These orders show, in pertinent part, that MOS 36A1O was withdrawn as the applicant’s primary MOS and MOS 36K2O was awarded as his primary MOS, effective 1 October 1966.

11.  The applicant's military service records contain a DD Form 214, issued at the time of his separation from active duty, that shows in Item 23a (Specialty Number and Title) he held MOS 36K2O (Field Wireman).  Item 25 (Education and Training Completed) shows the following, “Civilian Education Level: 11 yrs;” Military Education: Wireman/36K1O/CST/8 wks/1966;” and “Military Training: ATP 21-114; Code of Conduct.”  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle (M14) Bar.  The applicant’s DD Form 214 also shows that he was honorably released from active duty (REFRAD) after completing 2 years net active service this period and transferred to the USAR Control Group (Annual Training), USAAC, St. Louis, Missouri.

12.  There are no orders in the applicant’s military service records showing he was awarded the Combat Infantryman Badge.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show he was authorized award of the Combat Infantryman Badge.

13.  A review of the applicant's military service records reveal that he may be authorized additional awards that are not shown on his DD Form 214.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant's assignment to Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry (RVN), the unit was cited for award of the Valorous Unit Award for actions from 22 April 1967 to 20 August 1967 by Headquarters, Department of the Army, General Orders Number 43 (1972).  This document also shows that at the time of his assignment to the unit, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971).

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, which includes the Vietnam Service Medal.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

19.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

20.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

21.  Army Regulation 600-8-22 provides for award of the French Fourragere as an approved foreign unit award.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, then the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal or ribbon authorized for wear by members of the unit.
22.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II.  Essentially, this guidance states that there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device.  

23.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat.”  

24.  Army Regulation 600-8-22 specifically provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and enlisted Soldiers who have an infantry MOS.  This Army regulation shows that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.  Award of the Combat Infantryman Badge during the Vietnam War was announced in unit special orders, normally published at battalion or brigade level.  In similar cases regarding enlisted Soldiers, the Military Awards Branch, U.S. Army Human Resources Command, has advised 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.

25.  Army Regulation 670-1, paragraph 28-30 (Distinctive items authorized for infantry personnel) shows, in pertinent part, that the shoulder cord is a uniform item.  The shoulder cord is infantry blue and is formed by a series of interlocking square knots around a center cord.  The Commanding General, U.S. Army Infantry Center authorizes the award of the shoulder cord to infantrymen who have successfully completed the appropriate training.  This paragraph also shows that the shoulder cord is worn by officers and enlisted Soldiers of the infantry, holding an infantry specialty or primary MOS, who have been awarded the Combat Infantryman Badge, the Expert Infantryman Badge, or who have successfully completed the basic unit phase of an Army training program or equivalent.

26.  Army Regulation 670-1, paragraph 3-5 (Headgear) shows, in pertinent part, that the black beret is a basic Army uniform item.  This paragraph also states that the beret is authorized for wear by ranger-qualified Soldiers in the following units or positions, if they previously served in the 75th Ranger Regiment; U.S. Special Operations Command; U.S. Army Special Operations Command; U.S. Special Operations Command Joint Task Force; and Theater Special Operations Command.  The 75th Ranger Regiment is the sole authority for validation of service in the Ranger Regiment.

27.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

28.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions for Item 23a state to enter the primary MOS code number and title.  The instructions for Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) state to enter decorations awarded or authorized during period covered by the DD Form 214 from the Enlisted/Officer Qualification Record, omitting authorities cited therein.  The instructions for Item 25 (Education and Training Completed) state to enter service schools, including dates and major course which were successfully completed.  The instructions for Item 30 (Remarks) state, in pertinent part, that the Remarks section will be used to complete entries too long for their respective blocks.  When used for cross-reference, the item number must precede the continued information.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show he held MOS 11B (Light Weapons Infantryman), MOS 91B (Ambulance Driver), and MOS 64A (Light Vehicle Driver); that he completed Personnel Carrier and Sniper training in 1967; award of the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and French Fourragere; and authorization for the infantry shoulder cord and black beret.

2.  The evidence of record shows that the applicant was formally trained as a Field Wireman, was awarded MOS 36K as his primary MOS, and that Item
23a of his DD Form 214 properly documents MOS 36K20 (Field Wireman) as the MOS the applicant held during the period of service under review.

3.  The evidence of record shows that the applicant served in Duty MOS 64A1O (Light Vehicle Driver) while serving in the RVN from 13 November 1966 to
6 November 1967.  The evidence of record also shows that he served in Duty MOS 91B2O (Ambulance Driver) while serving at the Sacramento Army Depot from 28 December 1967 to 31 December 1967.  There is no evidence of record to show the applicant was formally trained in MOS 64A or MOS 91B or that he was awarded either MOS as his primary, secondary, or an additional MOS.  In addition, there is no evidence the applicant was trained in, performed duty in, or was awarded MOS 11B (Light Weapons Infantryman).  Therefore, the applicant is not entitled to correction of his DD Form 214 to show he was formally trained in or awarded MOS 11B, MOS 64A or MOS 91B.

4.  The evidence of record shows that Unit Orders temporarily promoted the applicant to the grade PFC (E-3) in MOS 11D2O on 14 July 1967.  However, the evidence of record also shows that Headquarters, Sacramento Army Depot, Sacramento, California, Special Orders Number 36, dated 20 February 1968, as amended by of Headquarters, Sacramento Army Depot, Sacramento, California, Special Orders Number 43, dated 1 March 1968, confirm that primary MOS 36A1O was withdrawn as the applicant’s primary MOS and MOS 36K2O was awarded as his primary MOS, effective 1 October 1966 (emphasis added).  Thus, the evidence of record shows that the applicant held MOS 36K as his primary MOS throughout the entire period of his military service.

5.  There is no evidence that the applicant completed Personnel Carrier training. Therefore, he is not entitled to correction of his records to show this training.

6.  There is no evidence that the applicant completed Sniper training.  Therefore, he is not entitled to correction of his records to show this training.
7.  There is no evidence the applicant held MOS 11B, 11C, 11F, 11G, or 11H or that he satisfactorily performed infantry duties while assigned to an infantry unit of brigade, regimental or smaller size during such time as the unit was engaged in active ground combat; or that he actively participated in such ground combat.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show he was authorized award of the Combat Infantryman Badge and there are no orders awarding the applicant the Combat Infantryman Badge.  Therefore, there is insufficient evidence to show the applicant was authorized or awarded the Combat Infantryman Badge.

8.  There is no evidence of record to show the applicant’s unit was awarded the French Fourragere.  Therefore, there is insufficient evidence to support correction of the applicant’s records to show this foreign unit award.

9.  The evidence of record shows the applicant was diverted from assignment to the U.S. Army Infantry School Student Brigade, Fort Benning, Georgia.  There is no evidence showing he was assigned to the U.S. Army Infantry School, formally trained in an infantry MOS (i.e. Career Management Field 11), or that he was awarded either the Combat Infantryman Badge or Expert Infantryman Badge.  In addition, there is no evidence of record that shows the Commanding General,
U.S. Army Infantry Center authorized award of the infantry shoulder cord to the applicant.  In any event, the evidence of record shows the shoulder cord is an Army uniform item; it is not authorized for entry on the DD Form 214.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant’s claim that he was authorized the infantry shoulder cord and he is not entitled to correction of his discharge document.

10.  There is no evidence showing the applicant was assigned to the 75th Ranger Regiment; U.S. Special Operations Command; U.S. Army Special Operations Command; U.S. Special Operations Command Joint Task Force; or Theater Special Operations Command.  In addition, there is no evidence that the
75th Ranger Regiment validated the applicant’s service in the Ranger Regiment or that he was authorized wear of the black beret.  In any event, the evidence of record shows the black beret is an Army uniform item; it is not authorized for entry on the DD Form 214.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant’s claim that he was authorized the black beret and he is not entitled to correction of his discharge document.

11.  Records show the applicant served in 2 campaigns in Vietnam.  Therefore, his records should be corrected to show award of 2 bronze service stars to be affixed to his Vietnam Service Medal.

12.  General Orders awarded the applicant's unit the Valorous Unit Award.  Therefore, it would be appropriate to correct his records to show this unit award.

13.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x______  xx____  x_____  GRANT PARTIAL 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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by

     a.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal; and

     b.  adding to Item 24 of his DD Form 214 the Vietnam Service Medal with
2 bronze service stars, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 MOS 11B (Light Weapons Infantryman), MOS 91B (Ambulance Driver), MOS 64A (Light Vehicle Driver), Personnel Carrier training, Sniper training, the Combat Infantryman Badge, French Fourragere, infantry shoulder cord, and black beret.




      ____x________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080000334



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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