IN THE CASE OF:
BOARD DATE: 03 MARCH 2009
DOCKET NUMBER: AR20080017424
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a "combat award."
2. The applicant states that the unit to which he was assigned in Vietnam was under fire and the camp was overrun. He states that he served in combat and he believes that his DD Form 214 should reflect that he served in combat. He also states that his DD Form 214 does not reflect his infantry military occupational specialty (MOS) of "36B2OB."
3. The applicant provides in support of his application a copy of his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 12 September 1967, the applicant was inducted into the Army of the United States in Los Angeles, California. He successfully completed his training in the MOS 36K2O as a field wireman. The applicant was transferred and he arrived in Vietnam on 12 April 1968. He was assigned to Headquarters and Headquarters Company, Special Troops, United States Army Vietnam.
3. While in Vietnam, the applicant participated in the following four campaigns: the Vietnam Counteroffensive, Phase IV Campaign, which extended from 2 April 1968 through 30 June 1968; the Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July 1968 through 1 November 1968; the Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969; and the Tet 69 Counteroffensive Campaign, which extended from 23 February 1969 through 8 June 1969.
4. The applicant returned to the Continental United States on 11 April 1969. He was honorably released from active duty (REFRAD) on 11 September 1969 under the provisions of Army Regulation 635-200, chapter 2, at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
5. The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
6. A review of the applicant's records does not show that he is entitled to a "combat award." Further review of his records does not show that he ever served in MOS "36B2OB."
7. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) does not show that orders were ever published awarding the applicant any combat awards.
8. During the processing of this case the ABCMR analyst contacted the applicant by telephone in an attempt to ascertain exactly which award he is requesting. In an Optional Form 271 (Conversation Record) dated 18 February
2009, the analyst noted that the applicant could not specify any award to which he believes he is entitled.
9. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) provides a list of the enlisted MOS codes. It shows that MOS code 36B2O is awarded for military occupational training as a telephone installer-repairman.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show a combat award.
2. His contentions have been noted. However, there is no evidence in the available records, nor has he submitted any evidence to show that he was entitled to any combat award. A review of the ADCARS does not show that orders were ever published awarding the applicant any combat awards. Therefore, the applicant has not established an error or injustice in the omission of a combat award from his DD Form 214.
3. The applicant states that his DD Form 214 does not reflect his infantry MOS of "36B2OB." As previously stated, his records show that he served as a field wireman in MOS 36K2O. There is no evidence in his records that shows he served in an infantry MOS, and the MOS to which it appears that he is referring is that of a telephone installer-repairman. Therefore, there is no basis for amending his DD Form 214 to include an infantry MOS.
4. In order to justify correction of a military record the applicant must show, 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.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 for correction of the records of the individual concerned.
_______ _ XXX _______ ___
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) AR20080017424
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ABCMR Record of Proceedings (cont) AR20080017424
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