BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090005371 


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.  his foreign service in the Republic of Vietnam;

	b.  his civilian education as a high school graduate; and

	c.  his awards of the Purple Heart, South Vietnamese Commendation Medal with Clasp, Vietnam Campaign Medal, Vietnam Service Medal, National Defense Service Medal, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with Rifle (M-16), Machinegun (M-60), and Pistol (.45 Caliber) Bars. 

2.  The applicant states that his DD Form 214 does not show his 13 months of service in Vietnam.  He adds that he was sent to Germany in February 1965 and volunteered to go to Vietnam in early March 1965.  He was then transferred to Hawaii in August 1965 for about 12 to 14 days and was then reassigned to Vietnam for 7 more months.  He also states that his DD Form 214 shows he completed 8 years of elementary education when it should have shown him as a high school graduate since he could not have reached pay grade E-5 with an 8th grade education.

3.  The applicant did not provide any additional documentary evidence in support of his application. 

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 records show he enlisted in the Regular Army (RA) for a period of 3 years on 24 July 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76C (Engineering Supply and Parts Specialist).  

3.  Item 33 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was assigned to U.S. Army Europe (USAREUR) with duty in France from on or about 8 February 1965 to on or about 18 July 1965 and in Germany from on or about 19 July 1965 to on or about 3 July 1967.  Item 33 does not show any service in Vietnam. 

4.  Item 34 (Civilian Education) of his DA Form 20 shows he completed 8 years of general elementary education in Dalton, GA.  Additionally, the applicant’s record is void of any indication that he completed a high school diploma.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to Headquarters and Headquarters Company, 249th Engineer Battalion, USAREUR, as a supply clerk/specialist from on or about 10 February 1965 to on or about 27 April 1967.  Item 38 does not indicate he served in an infantry capacity and/or that he was assigned or attached to an infantry unit.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank.  Additionally, his name is not shown on the Vietnam Casualty Roster.

7.  The applicant was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 11 July 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.
8.  Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows he completed 2 years, 5 months, and 2 days of foreign service in USAREUR. Item 22c does not show service in the Republic of Vietnam.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.  His awards and decorations do not include any Vietnam specific awards.

10.  Item 30 (Remarks) shows the entry "Elementary - 8 years" indicating the applicant completed 8 years of elementary education.  

11.  The applicant's record is void of any orders assigning him to or reassigning him from the Republic of Vietnam.  Additionally, his record is void of orders awarding him the Purple Heart and/or the Combat Infantryman Badge.

12.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 24c of the version in effect at the time, showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g. Foreign and/or Seas Service USAREUR or USARV).  Item 30 is used to complete entries too long for their respective blocks.  Item 30, for enlisted personnel, shows the highest civilian education attained as the first entry in this block when not adequately covered in item 25 (Education and Training).  This information is taken from the DA Form 20.


14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

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, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

18.  Army Regulation 600-8-22 states, in pertinent part, that the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges and tabs are 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 he or she qualified.  Each bar will be attached to the basic 
badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman.  Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised forms.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Vietnam; award of the Purple Heart, Combat Infantryman Badge, and other Vietnam specific awards; and completion of his high school education.

2.  With respect to his foreign service, the evidence of record shows that the applicant completed a period of foreign service in Europe and that this foreign service is shown in item 22c of his DD Form 214.  There is no evidence in the available record and the applicant did not provide any substantiating evidence that shows he served in the Republic of Vietnam.  Therefore, there is insufficient evidence to grant the applicant's requested relief on this issue.

3.  With respect to the Purple Heart, there are no general orders that show the applicant was awarded the Purple Heart; there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds; and his name is not shown on the Vietnam Casualty Roster.  In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  With respect to the Combat Infantryman Badge, there is no evidence that the applicant held an infantry MOS, that he was assigned/attached to an infantry unit; and that he was personally present and under hostile fire while serving in an assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy.  Therefore, he does not meet the criteria for this award.

5.  With respect to his marksmanship badges, aside from the Expert Marksmanship Qualification Badge with Rifle Bar which is shown on his DD Form 214, there are no available orders, letters, rosters, or other forms that show the applicant qualified as a marksman, sharpshooter, or expert with the M-60 Machinegun or the .45 Caliber Pistol.  Furthermore, there are no entries on his DA Form 20 that show his qualification or the level of qualification with these weapons systems.  Therefore, there is insufficient evidence upon which to grant the applicant's requested relief on this issue.

6.  With respect to the Vietnam Service Medal and the Vietnam Campaign Medal, there is no evidence in the applicant’s records and the applicant has not provided any evidence that shows he served in Vietnam.  Therefore, he does not meet the criteria for these awards.

7.  With respect to the South Vietnamese Commendation Medal, this medal appears to be a foreign award and is neither recognized by the Department of Defense Awards Manual nor covered by Army Regulation 600-8-22.  Additionally, there is no documentary evidence that the applicant was awarded such award or received proper authorization to display, wear, and/or list it on his record.  Therefore, there is no basis for granting the applicant's request relief on in this case. 

8.  With respect to his high school diploma, the evidence of record shows the applicant completed 8 years of education as shown on his DA Form 20.  There is no evidence in his record and he did not provide any substantiating evidence that shows he completed high school prior to or during his tenure of service.  Therefore, there is no basis for changing the current entry in item 30 pertaining to his civilian education level.

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.



      ___________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)                                         AR20090005371



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ABCMR Record of Proceedings (cont)                                         AR20090005371



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