IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100020071 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 April 1969:

* to add the Army Commendation Medal (ARCOM)
* to amend his military occupational specialty (MOS) to read 62E (Heavy Equipment Operator)  

2.  He states the citation he received for the ARCOM was sent to his home of record after he was discharged.  The dates on the citation coincide with the period he was assigned to Headquarters and Headquarters Company (HHC), 26th Engineer Battalion, Americal Division in Vietnam.  He contends he does not recall when the unit inactivated and his efforts to contact them were unsuccessful. 

3.  He also states he completed advanced individual training (AIT) for MOS 62E in February 1966 and this was the only training he received while on active duty.  He contends although the MOS covers several types of heavy equipment he was the operator for two of them.  He is unsure what type of equipment is covered under MOS 62L (Wheeled Track Operator).   

4.  He provided copies of:

* an ARCOM citation
* a 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.  His DA Form 20 (Enlisted Qualification Record) shows the following entries:

* Item 22 (MOS)

* MOS 62E, Construction Machine Operator, 22 February 1966
* MOS 62L, Wheeled Track Operator, 1 January 1969

* Item 31 (Foreign Service)

* 15 March 1966 through 11 March 1967, Vietnam
* 17 April through 30 October 1967, Korea
* 3 October 1967 through 28 April 1969, Vietnam

* Item 41 (Awards and Decorations) – is void of the ARCOM

3.  He provided a copy of a citation that shows he was presented the ARCOM for distinguishing himself by exceptionally meritorious service in support of military operations against communist aggression in the Republic of Vietnam during the period November 1967 to April 1969.  

4.  His record contains a copy of Special Orders (SO) Number 18, Headquarters, Americal Division, dated 18 January 1969.  These orders show that under the provisions of Army Regulation 600-200 (Enlisted Personnel Management System), paragraph 2-32d (3), the primary MOS (PMOS) 62L was awarded and PMOS 62E was withdrawn on 1 January 1969.


5.  His DD Form 214 shows:

* Item 11d (Effective Date) of release – 28 April 1969 
* Item 23a (Specialty Number and Title) – 62L2O Wheel Track Operator
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – does not show the ARCOM

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the ARCOM.

7.  Army Regulation 600-200 in effect at the time, prescribed the policy for awarding MOSs.  Paragraph 2-32d (3) states that changing the PMOS is mandatory upon the direction of Headquarters, Department of the Army (HQDA). 

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation stipulates a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The source documents used for preparation of the DD Form 214 at the time of the applicant’s separation included the DA Form 20, separation orders, and any applicable orders or documents on file in the MPRJ, or Official Military Personnel File.

9.  Army Regulation 635-5, in effect at the time, also provided that the PMOS and title would be entered in item 23a.

10.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, 


Fort Knox, KY  40122.  The unit must be clearly identified along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding his contentions and the documentation he submits along with his request, the evidence of record does not support removing the entry “62L2O Wheeled Track Operator” from item 23a of his DD Form 214.  

2.  SO awarded him PMOS 62L and shows that HQDA directed his PMOS be changed to 62L on 1 January 1969.  As a result, at the time of his REFRAD, this MOS was entered in item 23a of his DD Form 214.  Therefore, his DD Form 214 correctly reflects the correct PMOS.

3.  While the available evidence is insufficient for adding the ARCOM to his 
DD Form 214, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  In view of the foregoing, there is no basis to grant the requested relief.

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)                                         AR20100020071



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ABCMR Record of Proceedings (cont)                                         AR20100020071



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