IN THE CASE OF:	 

		BOARD DATE:	17 February 2011

		DOCKET NUMBER:  AR20100019693


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 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* his social security number (SSN) as 171-XX-XXXX
* his date of birth (DOB) as 23 November 1943
* the Combat Infantryman Badge (CIB)
* a shrapnel wound in his right shoulder
* he received his high school general education degree (GED) while in Germany

2.  The applicant states his SSN and DOB are correct on his 1962 DD Form 214. Additionally, he states he was hit with a piece of shrapnel and had surgery at the Department Veterans Affairs (VA) Medical Center to remove it.

3.  The applicant provides copies of two DD Forms 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.  The applicant's record shows he enlisted in the Regular Army on 28 November 1960.  He completed training and was awarded military occupational specialty 153.10 (Artillery Surveyor).  He reenlisted in 1962 and remained on active duty until 4 December 1965.

3.  His original DD Form 4 (Enlistment Record – Armed Forces of the United States) and DD Form 373 (Consent, Declaration of Parent or Legal Guardian) list his DOB as 25 November 1943.

4.  His 1962 DD Form 4 shows his DOB as 25 November 1943.

5.  His 1962 DD Form 214 shows his DOB as 25 November 1943 in item 6 (Date of Birth).  His SSN is shown as 171-XX-XXXX in item 32 (Remarks).

6.  His 1965 DD Form 214 shows his DOB as 25 November 1944.  His SSN is shown as 717-XX-XXXX in item 32.

7.  His DA Form 24 (Service Record) shows:

	a.  his SSN as 171-XX-XXXX;

	b.  in section 4 (Chronological Record of Military Service) – Headquarters and Headquarters Battery, Division Artillery, 1st Cavalry Division, Vietnam, from 17 September 1965 until 11 November 1965, no duty MOS is listed;

	c.  in section 8 (Wounds Received Through Enemy Action) – blank; and

	d.  in section 9 (Medals, Decorations, and Citations) – Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Pistol Bar, Army Good Conduct Medal, and Vietnam Service Medal.

8.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  his SSN as 171-XX-XXXX.

	b.  in item 8 (Date of Birth) – 25 November 1943.

	c.  in item 17 (Civilian Education) – 1 year of high school, East Stroudsburgh, Pennsylvania, 1960.

	d.  in item 33 (Record of Assignments):

		(1)  Headquarters and Headquarters Battery, 24th Infantry Division Artillery, Germany, from 24 May 1961 to 30 June 1963 with duty in MOS 153.00 (Artillery Surveyor); and

		(2)  Headquarters and Headquarters Battery 3d Battalion, 11th Artillery, Germany, from 1 July 1963 to 5 June 1964 with duty in MOS 153.00.

9.  The applicant's 1965 DD Form 214 shows in:

	a.  item 10a (Highest Civilian Education Level Attained) – 9 years and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Army Good Conduct Medal (1st Award), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Vietnam Service Medal.

10.  There are no official orders or other evidence in the applicant's records that show he was awarded the CIB.

11.  The available records show his MOS was 153.10 [later redesignated as MOS 82C].

12.  The Vietnam casualty roster does not list the applicant's name.

13.  A review of the available record indicates entitlement to additional awards and decorations that are not shown on his DD Forms 214.

14.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry 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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated 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.

15.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

16.  Army Regulation 600-8-22 states the Vietnam Service 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows that based on the applicant's dates of service in Vietnam, participation credit was awarded for the Vietnam Defense Campaign during the period 8 March 1965 through 24 December 1965.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  A review of this pamphlet shows that Headquarters and Headquarters Battery, 1st Cavalry Division Artillery, was awarded the Presidential Unit Citation during the period of the applicant's assignment to the unit per Department of the Army General Orders (DAGO) Number 40, dated 1967.

18.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his 1965 DD Form 214 should be corrected to show:

* his SSN as 171-XX-XXXX
* his DOB as 23 November 1943
* the CIB
* a shrapnel wound in his right shoulder
* he received his high school GED while in Germany

2.  The available evidence shows the applicant's DOB and SSN were incorrectly entered on his 1965 DD Form 214.  Therefore, these entries should be corrected.

3.  The available records clearly show he was assigned to a unit in Vietnam during a period cited in general orders for award of the Presidential Unit Citation.

4.  The available records clearly show he was assigned to a unit in Vietnam during a period cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.

5.  The record reflects he participated in one designated campaign during his service in the RVN.

6.  The evidence of record clearly shows the applicant was awarded MOS 513.10 [later 82C] and not an infantry MOS.  He did not qualify for award of the CIB.  Therefore, his request that award of the CIB be shown on his DD Form 214 should be denied.

7.  The applicant's name does not appear on the Vietnam casualty roster.  There is no evidence to corroborate his statement that he received a piece of shrapnel in his right shoulder or to show this was incurred under qualifying conditions.  The applicant's request for award of the Purple Heart should be denied.

8.  There is no available evidence which shows he completed the requirements for his GED.  This correction to his records should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing his DOB as 25 November 1943 in item 6 and his SSN as 
171-XX-XXXX in item 32 of his 1965 DD Form 214;

	b.  deleting from item 32 of his 1965 DD Form 214 the Vietnam Service Medal; and

	c.  adding to item 24 of his 1965 DD Form 214 the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the CIB, recording that he received a shrapnel wound, and showing he received his high school GED while in Germany.



      _________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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20100019693



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