IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080007850 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request for correction of his military service records to show award of the Combat Infantryman Badge.  He also requests correction of his records to show that he qualified with the M-16 rifle, had a degree in mechanics, was in combat supplying generator lights to the troops, and deletion of anything that is in his records relating to depression.

2.  The applicant states, in effect, he thinks it is time to get his record straight.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of
19 March 1971.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR1999015648, on 12 August 1999.

2.  The applicant’s military service records show that he enlisted in the Regular Army for a period of 3 years on 21 March 1968.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).

3.  The applicant’s military service records contain a DD Form 398 (Statement of Personal History), dated 8 July 1969, that was completed by the applicant.  Item 9 (Education – Account for all civilian schools and military academies.  Do not include service schools) shows the applicant documented that he attended Akers School from 1957 to 1963.  He also documented that he attended Roanoke Rapids High School from 1963 to 1968, but did not graduate.

4.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record) that was reviewed and signed by the applicant on 26 March 1968 and also audited by the applicant on 9 February 1971.  

     a.  Item 22 (Military Occupational Specialties) shows the applicant was awarded MOS 63B2O (Wheel Vehicle Mechanic) as his primary MOS on 19 July 1968.

     b.  Item 27 (Military Education) shows the applicant completed the 7-week Wheel Vehicle Mechanic course (MOS Code 63B2O) in 1968.

     c.  Item 28 (Specialized Training) shows the applicant completed Army Training Program (ATP) 21-114; Code of Conduct; Geneva Convention; Chemical, Biological and Radiological (CBR); Republic of Vietnam (RVN); and Benefits of Honorable Discharge training.

     d.  Item 29 (Qualification in Arms) shows the applicant qualified Sharpshooter with the M-14 rifle and field-fired the M-16 rifle for familiarization on 3 July 1969.

     e.  Item 31 (Foreign Service) shows the applicant served overseas in U.S. Army Europe (USAREUR) in the Federal Republic of Germany (FRG) from
21 August 1968 through 22 May 1969.  This item also shows that he served overseas in U.S. Army Pacific (USARPAC) in the RVN from 5 July 1969 through 4 July 1970.

     f.  Item 32 (Civilian Education) shows the applicant attended Roanoke Rapids High School, Roanoke Rapids, North Carolina, and that he completed 10 years of schooling in 1967.

     g.  Item 38 (Record of Assignments) shows, in pertinent part, the applicant was assigned to 83rd Transportation Company (USAREUR) from 26 August 1968 through 21 May 1969, with principal duty as a Refrigerator Helper in duty MOS 51A1O.  This item also shows he was assigned to Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division (USARPAC RVN) from 16 July 1969 through 30 June 1970, with principal duty as a Wheel Vehicle Mechanic Helper in duty MOS 63B2O.  This item further shows the applicant was assigned to Headquarters and Headquarters Troop, 4th Battalion, 12th Cavalry, Fort Carson, Colorado from 14 August 1970 through 18 March 1971, with principal duty as a Wheel Vehicle Mechanic Helper in duty MOS 63B2O.

5.  The applicant’s military service records contain a DD Form 214, with an effective date of 19 March 1971.  Item 23a (Specialty Number and Title) shows he held MOS 63B2O - Wheeled Vehicle Mechanic.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with “1960” Device, and Republic of Vietnam Cross of Gallantry with Palm Unit Citation.  Item 25 (Education and Training Completed) shows the applicant completed ATP 21-114; Code of Conduct; Geneva Convention; CBR; RVN; and Benefits of Honorable Discharge training.  Item 30 (Remarks), in pertinent part, shows the applicant completed
10 years of general education and that he served in the RVN from 5 July 1969 through 4 July 1970.  The DD Form 214 also shows the applicant was honorably released from active duty on 19 March 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement), U.S. Army Administration Center,
St. Louis, Missouri.  At the time, he was credited with completing 2 years,
11 months, and 29 days net service this period; 2 years, 11 months, and 29 days total service; 2 years, 11 months, and 29 days total active service; and 1 year,
9 months, and 2 days foreign service.

6.  There are no orders in the applicant’s military service records that show he was awarded the Combat Infantryman Badge and his DA Form 20 does not list the Combat Infantryman Badge in Item 41 (Awards and Decorations).

7.  A search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce any award orders pertaining to the applicant during his service in the RVN.

8.  There are no orders in the applicant’s military service records that show he was awarded any of the 3 classes of the Marksmanship Qualification Badge with (M-16) Rifle Bar and his DA Form 20, Item 41 (Awards and Decorations), does not show that he was awarded any of the 3 classes of the Marksmanship Qualification Badge with (M-16) Rifle Bar.

9.  There is no evidence in the applicant’s military service records that shows he held a degree in mechanics.

10.  There are no orders in the applicant’s military service records that show he was awarded the Driver and Mechanic Badge and his DA Form 20 does not list the Driver and Mechanic Badge in Item 41 (Awards and Decorations).

11.  There is no evidence or reference to depression in the applicant’s available military service records.

12.  The applicant’s military service records contain a VA Form 07-3101 (Request for Information), dated 1 May 1975, Claim Number C-26 5## 2##.  This document shows the Veterans Administration Regional Office (VARO), Winston-Salem, North Carolina, requested the applicant’s medical records. This document also shows that the Department of the Army forwarded the applicant’s original health records, physical examinations at entrance, physical examinations at separation, clinical records, x-rays, dental records, and other medical records to the VARO on 15 May 1975.

13.  The applicant’s military service records contain a Standard Form (SF) 189 (Request Pertaining to Military Records), dated 30 October 1985, and National Archives (NA) Form 13045 (Informal Information Reply), dated 16 December 1985.  The SF 189 shows, in pertinent part, that the applicant requested his “total service record book including medical.”  The NA Form 13045 shows that the applicant was informed the medical records he requested were lent to the Veterans Administration and referred the applicant to the VA claim number.

14.  The applicant’s military service records contain a VA Form 07-3101, dated 19 November 1987, VA File Number 26 5## 2##.  This document shows that the VARO, Winston-Salem, North Carolina, requested, in pertinent part, the applicant’s service medical records (SMRs).  This document also shows that, on
8 December 1987, the Department of the Army informed the VARO the applicant’s medical records were sent to their office in response to a prior
VA Form 07-3101 request under the same claim number.

15.  Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides for award of the Combat Infantryman Badge.  This paragraph states, in pertinent part, 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 or attached 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.

16.  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.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted Soldiers who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade-level.

17.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a 
prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Driver and Mechanic Badge.  To receive the badge, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8,000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, and must perform satisfactorily for a minimum of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

19.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies and operating tasks governing the Official Military Personnel File (OMPF).  This document states that only those documents listed in Table 2-1 and Table 2-2 are authorized for filing in the OMPF. Depending on the purpose, documents will be filed in the OMPF in one of three sections:  performance, service, or restricted.  This Army regulation also instructs, in pertinent part, that once placed in the OMPF, the document becomes a permanent part of that file and will not be removed or moved to another part of the OMPF, unless directed by appropriate authority.

20.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files, ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual official personnel files, and ensure that the best interests of both the Army and the Soldier are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files. 

21.  Chapter 7 of Army Regulation 600-37 provides the policies and procedures for appeals and petitions for removal of unfavorable information from the OMPF. Paragraph 7-2 of this regulation states that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority.  Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF. 

22.  Army Regulation 40-66 (Medical Record Administration and Health Care Documentation), in effect at the time, sets policies and procedures for the preparation, disposition, and use of Army medical records and other health care documentation.   Chapter 3 (Preparation of Medical Records), paragraph 3-4 (General), subparagraph f (Amendment to medical records), states, in pertinent part, that medical records will be amended according to Army Regulation 340-21, paragraph 2-10 (Amendment of records).

23.  Army Regulation 340-21 (The Army Privacy Program) sets forth policies and procedures that govern personal information kept by the Department of the Army in systems of records.  Paragraph 2-10 (Amendment of records) provides, in pertinent part, that consideration of a request for amendment would be appropriate if it can be shown that the document was not constructed in accordance with applicable record-keeping requirements prescribed.

24.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, his request for correction of his records to show he was awarded the Combat Infantryman Badge should be reconsidered.  He also contends that his records should be corrected to show that he qualified with the M-16 rifle, had a degree in mechanics, was in combat supplying generator lights to the troops, and deletion of anything that is in his records relating to depression.

2.  The evidence of record shows that during the applicant’s service in the RVN he held MOS 63B (Wheel Vehicle Mechanic) while assigned to Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division (from 16 July 1969 through 30 June 1970) and served as a Wheel Vehicle Mechanic Helper in duty MOS 63B2O.

3.  There is no evidence of record that shows the applicant held or served in an infantry MOS.  There are also no orders or other evidence to show the applicant was awarded the Combat Infantryman Badge.  Thus, the evidence of record fails to show that the applicant served as an infantryman who satisfactorily performed infantry duties, that he was assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit engaged in active ground combat, and that he actively participated in ground combat during his tour of duty in the RVN, or that he was awarded the Combat Infantryman Badge.  Therefore, the evidence of record fails to support the applicant’s claim to the Combat Infantryman Badge.

4.  The evidence of record shows that the applicant field-fired the M-16 rifle for familiarization on 3 July 1969.  However, the applicant’s military service records are absent any evidence that he qualified with the M-16 rifle or that he was awarded any of the 3 classes of the Marksmanship Qualification Badge with the (M-16) Rifle Bar.  Therefore, there is insufficient evidence to support the applicant’s request for correction of his records to show the badge.

5.  The evidence of record fails to show that the applicant had a degree in mechanics and the applicant provides insufficient evidence to support that he had a degree in mechanics.  Therefore, there is insufficient evidence to support the applicant’s request for correction of his records.

6.  It is not clear in the applicant’s request if he contends he is authorized the Driver and Mechanic Badge based on his military training and duties.  However, in this regard, there is no evidence of record to show that the applicant qualified for and possessed a U.S. Government Motor Vehicles Operator’s Identification Card, that he occupied a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8,000 miles had no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, and that he performed satisfactorily for a minimum of 1 year as an active qualified driver instructor or motor vehicle driver examiner.  In addition, the applicant’s military service records are absent any evidence that he was authorized or awarded the Driver and Mechanic Badge.  Therefore, there is insufficient evidence to support correction of his records to show the badge.

7.  The evidence of record shows that Item 38 (Record of Assignments) of the applicant’s DA Form 20 documents his principal duty title and duty MOS while assigned to 83rd Transportation Company (USAREUR); Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division (USARPAC RVN); and Headquarters and Headquarters Troop, 4th Battalion, 12th Cavalry, Fort Carson, Colorado.  However, there is no regulatory requirement or criteria to list the specific tasks included in the principal duty (e.g., supplying generator lights to the troops) or to record this information on the DD Form 214.  Therefore, there is insufficient evidence to support the applicant’s request for correction of his records in this case.

8.  The evidence of record shows that the applicant’s service medical records were sent to the requesting VARO based on a claim filed by the applicant in 1975.  There is no evidence or reference in the applicant’s available military service records relating to depression.  Therefore, there is insufficient evidence to support the applicant’s request for correction of his records in this instance.

9.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

10.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial creditable evidence to rebut the presumption.  The applicant fails to provide such evidence.  Moreover, in order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_____X___  ____X____  ___X_____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR1999015648, dated 12 August 1999.

2.  In addition, the evidence presented does not demonstrate the existence of a probable error or injustice with regard to the additional claims the applicant raises along with his request for reconsideration.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _X______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080007850



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ABCMR Record of Proceedings (cont)                                         AR20080007850



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