IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110002763 

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 his DD 214 (Armed Forces Report of Transfer or Discharge) be updated to reflect:

* correction to military occupational specialty 
* National Defense Service Medal 
* Combat Infantryman Badge 
* Purple Heart 
* Vietnam Service Medal 
* Good Conduct Medal 
* "Infantry (Rifle) Badge"
* allotment of $130.00 
* supply clerk training 
* 4 years of college 

2.  The applicant states, in effect, he has conducted historical research and has provided the documents and evidence necessary to support his case.

3.  The applicant provides two copies of his DD Form 214 and a copy of page three form his DA Form 20 (Enlisted Qualification Record).

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, and 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 DD Form 214 authorized the National Defense Service Medal.  Since the National Defense Service Medal is accurately reflected in his military records it will not be discussed further in this case.

3.  The applicant's record shows he was inducted into the Regular Army on         6 August 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 76A1O (supplyman).  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.

4.  His DA Form 20 and DD Form 214 lists the applicant's primary military occupational specialty MOS (PMOS) as 76A1O (supplyman).

5.  The applicant indicates the military occupational specialty should read 76Y2O.  His records contain special orders, dated 4 August 1970, promoting him to specialist E-4 and awarding him the MOS 76A2O.

6.  The DD Form 214 of record and the DD Form 214 provided by the applicant do not match.  Record copy documents will be used for review in this case.

7.  The DD Form 214 provided by the applicant shows a Purple Heart, one month of foreign service, Expert (Rifle) Marksmanship Badge, "Infantry (Rifle) Marksmanship Badge", and 12 years of school.

8.  Record copies of the DA Form 20 and the DD Form 214 do not show the Purple Heart, Combat Infantryman Badge, Vietnam Service Medal, or the Good Conduct Medal.  

9.  The applicant's DA Form 20 contains the following information:

* record shows no foreign service
* item 40 (Wounds) is blank.
* item 32 shows he completed  15 semester hours of college 
* item 27 (Military Education) Supply Clerk Training
* Record shows award of Expert (Rifle) Marksmanship Badge.
10.  The applicant's DD Form 214 contains 12 years of school, Expert (Rifle) Marksmanship Badge, and no foreign service.  There is no evidence in the available record which shows the applicant completed 4 years of college.

11.  The applicant's records contain two sets of reassignment orders.  The first set shows the applicant was scheduled to report to Vietnam.  The second set of orders revoke his assignment to Vietnam.

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 Purple Heart or any other awards pertaining to the applicant.

13.  There is no evidence in the available record showing the applicant sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  His name does not appear on the Vietnam Casualty Roster.

14.  There is no record of the Good Conduct Medal in the applicant's record.  

15.  Records indicate the applicant served 1 year, 7 months, and 4 days on active duty and received punishment under Article 15 of the Uniform Code of Military Justice on the following occasions:

* absenting himself from duty without authority
* failure to report to his prescribed place of duty.

16.  Special Orders, dated 11 September 1969, show the applicant qualified expert with the M-14 rifle and was awarded the Expert Marksmanship Badge with rifle bar.  The applicant qualified as expert on the M-16 rifle on 18 July 1970.

17.  The applicant provided a photocopy of a military pay voucher to his Congressman indicating that he had an allotment for $130.00. There is no evidence available in the applicant's military record showing the applicant had an allotment for $130.00.

18.  The applicant's DD Form 214 does not list any training; however, DA Form 20 includes (Supply Clerk Training)

19.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a direct 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 military personnel, and the medical treatment must have been made a matter of official record.

20.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, enlisted 
personnel, and to warrant officers who had an infantry specialty/MOS.  In 
addition to having an eligible MOS, they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

21.  Army Regulation 600-8-22 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.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

22.  Army Regulation 600-8-22 states, in pertinent part, that marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified in prescribed weapons firing courses or events.  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. Only following weapons listed in table 8–2 are authorized component bars: Rifle, Pistol, AA Artillery, Auto Rifle, Machinegun, Field Arty, Tank Weapons, Flamethrower, Submachine Gun, Rocket Launcher, Grenade, Carbine, Recoilless rifle, Mortar, Bayonet, Small bore rifle, Small bore pistol, and Missile.  Marksmanship badges awarded for previous marksmanship weapons qualification is revoked automatically revoked whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.



DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant received orders awarding him the primary MOS of 76Y2O and held it for 7 months and 4 days.  Therefore, his records should be corrected to show his MOS as 76Y2O (supplyman).

2.  There is no record in the applicant's record to indicate he served in an infantry MOS, or was recommended the Combat Infantryman Badge.  Further, there is no evidence the applicant served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The applicant's record does not contain evidence that fulfills the requirement for this award.  Accordingly, he is not entitled to award of the Combat Infantryman Badge.

3.  There is no evidence showing the applicant sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  His name does not appear on the Vietnam Casualty Roster.  Based on the foregoing, there is insufficient evidence to award him the Purple Heart.

4.  There is no evidence in the applicant's record to show he served in Vietnam.  Records contain two sets of reassignment orders which show the applicant was scheduled to report to Vietnam but the orders were revoked.  Absent evidence to show that the applicant served in Vietnam, there is no basis to grant award of the Vietnam Service Medal.

5.  Article 15's do not disqualify a Soldier for award of the Good Conduct Medal, however based on the applicant's indiscipline in such a short period of time, and the lack of a commander's notification in his records, it is reasonable to presume his record is correct as currently constituted.  As a result, there is no basis for award of the Good Conduct Medal.

6.  Records indicate the applicant qualified expert on the M-14 rifle and the M-16 rifle. The authorized component bars do not distinguish between types of rifles.  All rifles are classified under the category of the rifle bar.  Only one component bar is issued for each category of weapon.  The M-14 and the M-16 are both classified as rifles.  The entry in block 24 of the applicant's DD Form 214 stating Expert (Rifle) is correct.  The applicant is not entitled to an additional entry of "Rifle (Infantry)" on his DD Form 214. 

7.  There is no evidence in the applicant's records which validates the allotment form he provided.  Absent such there is no basis to amend his DD Form 214 to reflect an allotment of $130.00.


8.  The applicant's DA Form 20 reflects he completed (Supply Clerk Training).  Therefore, his DD Form 214 should be corrected to add Supply Clerk Training.

9.  There is no evidence in the applicant's records to validate he completed         4 years of college.  Absent such evidence it is reasonable to presume record is correct as currently constituted.  Therefore there is no basis to amend the applicant's DD Form 214.

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 was 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 adding the following to his DD Form 214:

* block 22 76Y2O, supply clerk
* block 25, Supply Clerk Training 

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 following:

* Combat infantryman Badge 
* Purple Heart 
* Vietnam Service Medal 
* Good Conduct Medal 
* Infantry (Rifle) marksmanship badge


* showing an allotment of $130.00 on his DD Form 214
* showing 4 years of college on his DD Form 214



      ____________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)                                         AR20110008210



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ABCMR Record of Proceedings (cont)                                         AR20110002763



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