Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080017424
Original file (20080017424.txt) Auto-classification: Denied
		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 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.  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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017424



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080000334

    Original file (20080000334.txt) Auto-classification: Approved

    There are no orders in the applicant’s military service records showing he was awarded the Combat Infantryman Badge. 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). The applicant contends, in effect, that his discharge document should be corrected to show he held MOS 11B (Light Weapons Infantryman), MOS 91B...

  • ARMY | BCMR | CY2012 | 20120006726

    Original file (20120006726.txt) Auto-classification: Approved

    The DD Form 214 he was issued at the time shows the: * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal 7. With respect to the "V" Device, the evidence of record shows he was awarded the Army Commendation Medal for service, not for heroism. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from...

  • ARMY | BCMR | CY2003 | 2003088416C070403

    Original file (2003088416C070403.rtf) Auto-classification: Approved

    According to 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 the unit to which the applicant was assigned during his tour of duty in Vietnam, HHC, 3rd Brigade, 25th Infantry Division, was cited for award of the Republic of Vietnam Cross of Gallantry with Palm, Unit Citation, for the period 1 September 1968 through 30 September 1970, by Department of the Army General Orders...

  • ARMY | BCMR | CY2006 | 20060016279

    Original file (20060016279.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 May 2007 DOCKET NUMBER: AR20060016279 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. The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge. Therefore, the Board requests that the CMSD-St....

  • ARMY | BCMR | CY2009 | 20090020051

    Original file (20090020051.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence shows he was awarded the Vietnam Service Medal. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correction of his records to show this award.

  • ARMY | BCMR | CY2009 | 20090001598

    Original file (20090001598.txt) Auto-classification: Denied

    The applicant's military service records are not available to the Board for review. Therefore, in the absence of orders awarding the applicant MOS 11B as his PMOS or some other substantiating evidence, there is insufficient evidence to support correction of the applicant’s separation orders and final DD Form 214, particularly in view of the evidence below. While the evidence of record indicates that the applicant was assigned to an infantry unit and he may have performed the duties of an...

  • ARMY | BCMR | CY2005 | 20050003293C070206

    Original file (20050003293C070206.doc) Auto-classification: Approved

    AR 672-5-1, in effect at the time of the applicant's separation, provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. Based on the available evidence, the applicant is not entitled to have the Air Medal added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2010 | 20100011484

    Original file (20100011484.txt) Auto-classification: Denied

    The applicant requests correction of his DD Forms 214 (Reports of Transfer or Discharge) dated 14 November 1968 and 28 February 1975 to show he was awarded an infantryman military occupational specialty (MOS) and that he was awarded the Silver Star and the Combat Infantryman Badge. The applicant states his DD Forms 214 do not show his proper MOS or that he was awarded the Combat Infantryman Badge and the Silver Star. His DA Form 20 (Enlisted Qualification Record) shows he performed duties...

  • ARMY | BCMR | CY2013 | 20130003428

    Original file (20130003428.txt) Auto-classification: Approved

    The applicant provides: * General Orders Number 1048, issued by Headquarters, U.S. Army Vietnam, dated 4 May 1970 * DAGO Number 5, dated 27 January 1969 * DAGO Number 59, dated 25 September 1969 * Special Orders Number 206, issued by Seventh Army Support Command, dated 19 September 1967 * Certificate of Combat Service, undated * Certificate of Appreciation, dated 18 September 1970 * page 1 of his DA Form 2-1 (Personnel Qualification Record – Part II) * his DD Form 214 * his National Guard...

  • ARMY | BCMR | CY2011 | 20110024746

    Original file (20110024746.txt) Auto-classification: Approved

    The applicant requests award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the CIB while assigned to Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division * adding to his DD Form 214 the: * CIB * BSM * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation *...