IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100007787 


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:

* his completion of Preparation for Overseas Replacement (POR) training
* his military occupational specialty (MOS) as 11C4H (Heavy Weapons Infantryman Advisor)
* award of the Vietnam Campaign Medal
* award of the U.S. Presidential Unit Citation
* award of the Republic of Vietnam Presidential Unit Citation

2.  He states that the DD Form 215 (Correction of the DD Form 214) he recently received has several errors and contends that his DD Form 214 and DD Form 215 do not properly recognize the training he completed, his correct MOS, and the unit awards to which he is entitled.

3.  He provides copies of:

* a certificate of training
* a certificate of appreciation
* two award citations
* a DD Form 215


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.  His records show he enlisted in the Regular Army for a period of 3 years on 28 August 1968.  He completed basic combat and advanced individual training and was awarded MOS 71B (clerk typist).  He was awarded secondary MOS 71T (maintenance data specialist) on 10 December 1969.  On 18 April 1971, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Reinforcement) in the rank/grade of specialist four/E-4.

3.  Item 27 (Military Education) of his DA Form 20 (Enlisted Qualification Record) shows he successfully completed the 8-week Basic Army Administration Course which resulted in his award of MOS 71B in 1969.

4.  Item 31 (Foreign Service) of his DA Form 20 shows he served in the Republic of Vietnam from 16 March 1970 to 18 April 1971.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows that while serving in Republic of Vietnam, he was assigned to the following units for the periods shown:

	a.  23 March 1970 to 16 August 1970, in duty MOS 71B as a clerk typist with Delta Military Assistance Command (DMAC), U.S. Army Advisory Group (USAAG), IV Corps Tactical Zone, U.S. Military Assistance Command Vietnam (USMACV);

	b.  17 August 1970 to 23 February 1971, in duty MOS 11C4H as a heavy weapons infantryman advisor with DMAC, USAAG, USMACV, U.S. Army Pacific Command (USARPAC); and

	c.  24 February 1971 to 16 April 1971, in duty MOS 71H as a detachment clerk with DMAC, USAAG, Military Region 4, USMACV, USARPAC.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 as corrected by a DD Form 215, dated 30 July 2003, shows he was awarded or authorized to wear the:

* National Defense Service Medal
* Vietnam Service Medal with three Bronze Service Stars
* Vietnam Campaign Medal
* Bronze Star Medal with First Oak Leaf Cluster
* Air Medal
* Armed Forces Expeditionary Medal (Korea)
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

7.  Item 25 (Education and Training Completed) of his DD Form 214 shows he successfully completed the 8-week Basic Army Administration Course which resulted in his award of MOS 71B in 1969.

8.  Item 30 (Remarks) of his DD Form 214 shows he served in the Republic of Vietnam from 16 March 1970 to 17 April 1971.

9.  He provides copies of:

	a.  a Camp Hardy Combat Training Center, 1st Special Forces Group, POR Certificate presented to him for successfully completing POR training during the period 9-13 February 1970.  The reverse side of the certificate shows the subject areas of the program of instruction;

	b.  a 9th Infantry Division, Republic of Vietnam, Certificate of Appreciation awarded to him in recognition of his service during counterinsurgency operations in the Republic of Vietnam;

	c.  a USMACV Citation, commemorating his receipt of the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force during the period 15 July 1970 to 15 November 1970 while serving as a light weapons infantry advisor with 3d Battalion, 15th Regiment, 9th Infantry Division, in the Republic of Vietnam; and

	d.  a USMACV Citation, commemorating his receipt of the Bronze Star Medal with first oak leaf cluster for meritorious service in connection with military operations against a hostile force during the period April 1970 to March 1971 while serving as clerk typist with Advisory Team 60, and later as a heavy weapons infantry advisor with 3d Battalion, 15th Regiment, 9th Infantry Division, in the Republic of Vietnam.

10.  POR training is conducted to reinforce basic combat skills and combat survival training tailored specifically for the geographic region to which the Soldiers will be deploying, such as jungle, desert, mountain, or urban.  For the Republic of Vietnam, the bulk of the instruction was conducted for the infantry rifle company, but specialized training for a heavy weapons company, a heavy mortar company, a headquarters company, a combat engineer (Sapper) platoon, and a medical platoon was also available.  Individual training included jungle survival, camouflage, navigation, mines and booby traps, and jungle plants and living.  Upon completion of the core classes, the training focus shifted to small unit patrolling, attack, and ambush tactics and techniques.  Once the small unit was proficient in jungle operations, training moved to company and occasionally battalion-level offensive field training exercises.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document was to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  It stated that the Soldier's military education was obtained from the Soldier's records.  It showed that for enlisted personnel, to enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person completed successfully during the period covered by the DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

13.  The Republic of Vietnam Presidential Unit Citation was awarded by the Vietnamese government to all personnel serving in the Military Assistance Advisory Group, Indo-China, during August and September 1954.  The decoration was also awarded throughout the Vietnam War to certain units of the U.S. military deemed to have performed exceptional service to Vietnam.  The Republic of Vietnam Presidential Unit Citation is considered obsolete since the bestowing authority, the government of South Vietnam, no longer exists.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet does not show any of the units to which he was assigned during his tour of duty in the Republic of Vietnam were cited for either the Presidential Unit Citation or the Republic of Vietnam Presidential Unit Citation during his period of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

* his completion of POR training
* his MOS as 11C4H
* award of the Vietnam Campaign Medal
* award of the U.S. Presidential Unit Citation
* award of the Republic of Vietnam Presidential Unit Citation

2.  The evidence shows he successfully completed the 1-week POR training course.  The POR course was clearly training conducted to reinforce basic combat skills tailored specifically for the geographic region to which the applicant was deploying.  There is no provision for documenting refresher training on a DD Form 214 and, as such, it would not be appropriate to record this training on his DD Form 214.  However, he is advised that this Record of Proceedings, along with his application and the accompanying enclosures he submitted, will be filed in his military service records to document the POR program of instruction.

3.  The evidence shows he was trained in and awarded primary MOS 71B.  At a later date he was awarded secondary MOS 71T.  Although the evidence shows he performed the duties of MOS 11C4H from 17 August 1970 to 23 February 1971, his primary MOS was never changed to 11C.  Additionally, his record shows he served as a detachment clerk during his final assignment.  Therefore, it would be inappropriate to change his MOS on his DD Form 214.

4.  The Vietnam Campaign Medal was properly posted to item 24 of his original DD Form 214; therefore, there is no corrective action necessary as pertains to this portion of his request.

5.  Department of the Army Pamphlet 672-3 does not show that any of the units to which he was assigned during his tour of duty in the Republic of Vietnam were cited for either the Presidential Unit Citation or the Republic of Vietnam Presidential Unit Citation during his period of assignment and he has not provided any evidence to the contrary.  Therefore, he is not entitled to have his records corrected to show these unit awards.

6.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20100007787



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ABCMR Record of Proceedings (cont)                                         AR20100007787



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