IN THE CASE OF:	  

		BOARD DATE:	  16 May 2013

		DOCKET NUMBER:  AR20120019929 


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 last name as H-xx
* his primary military occupational specialty (MOS) as 11B (Light Weapons Infantryman)
* he was awarded the Combat Infantryman Badge
* his service number as US xx xx2 xxx

2.  The applicant states the information listed above is incorrectly shown on his DD Form 214.

3.  The applicant provides his 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.  The applicant was inducted into the Army of the United States on 15 January 1969.  He was trained in and awarded MOS 11B on 23 May 1969.

3.  He completed a DD Form 398 (Statement of Personal History) prior to his induction which shows he listed his last name as XX and listed an alias name of Bxxxxxx Hxxxxxx.

4.  His record contains a DD Form 47 (Record of Induction) which shows the following in:

* item 1 (Last Name-First Name-Middle Name) - XX, Bxxxxxx Hxxxxxx "aka Bxxxxxx Hxxxxxx"
* item 2 (Service Number) US xx xx2 xxx

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

* item 31 (Foreign Service) - he served in Vietnam from 19 June 1969 to 
15 June 1970
* Item 38 (Record of Assignment) he served in the following units during his tour in Vietnam:

* Company C, 2nd Battalion, 27th Infantry, 25th Infantry Division from 1 July 1969 through 11 October 1969 and performed the duties of a rifleman
* 579th Mess Detachment from 12 October 1969 through 14 June 1970 and he performed the duties of a security guard (11B)

* Item 40 (Wounds) - he suffered a fragment wound to his right elbow on
22 July 1969

6.  Special Orders Number 341, dated 7 December 1969, issued by Headquarters, U.S. Army Support Command Qui Nhon, awarded the applicant the primary MOS of 95B (Military Policeman) and a secondary MOS of 11B, effective 5 November 1969.

7.  He was honorably released from active duty on 14 January 1971 and transferred to the U.S. Army Reserve (Annual Training).  He served 2 years of total active service.


8.  His DD Form 214 shows in:

* item 1 (Last Name-First Name- Middle Name) - XX Bxxxxxx Hxxxxxx
* item 2 (Service Number) - US xx xx5 xxx
* item 23a (Specialty Number & Title) - "95B2O MILITARY POLICE"
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Campaign Medal with "1960" Device
* Vietnam Service Medal
* Purple Heart
* 2 Overseas Service Bars

9.  The record is void of documentation showing he was awarded the Combat Infantryman Badge.

10.  A review of his record indicates he may be entitled to additional awards not shown on his DD Form 214.

11.  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 shows the 2nd Battalion, 27th Infantry, was cited for award of:

	a.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders (DAGO) Number 5, dated 1973; and

	b.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 in DAGO 51, dated 1971.

12.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Combat Infantryman Badge to the applicant.

13.  Army Regulation 600-8-22 (Military Awards) states there are three basic requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement. or discharge.  It stated, in pertinent part, that item 23a shows the primary specialty number and title.

DISCUSSION AND CONCLUSIONS:

1.  The award of the Combat Infantryman Badge requires the Soldier to be an infantryman performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.

2.  The available record shows the applicant was awarded and served in an infantry MOS.  Further, he received a Purple Heart during his tour of duty in Vietnam while assigned to an infantry unit.  Therefore, he is entitled to the Combat Infantryman Badge and correction of his DD Form 214 to show this badge.

3.  He was assigned to the 2nd Battalion, 27th Infantry in Vietnam during a period for which the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence does support his request to correct the service number shown on his DD Form 214.

5.  The evidence of record confirms the applicant served in and was separated in the name that is listed on his DD Form 214 and all other documents filed in his military personnel record.  Therefore, there is no basis to correct the record.

6.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his new name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.

7.  The applicant is advised that a copy of this decisional document, which confirms his last name, will be filed in his official military record.  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in her military record and to satisfy his desire to have his currently used last name documented in his military record.

8.  The applicant was awarded MOS 11B after his initial training; however, on 5 November 1969 he was awarded the primary MOS of 95B which he held until he was released from active duty.  Regulatory guidance prescribes that the Soldier's primary MOS at the time of separation be listed on the DD Form 214; therefore, the applicant's MOS is correctly shown on his DD Form 214.

9.  In view of the above, he should be granted partial relief as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

	a.  deleting the entry in Item 2 of his DD Form 214 and replacing it with
US xx xx2 xxx as shown on his DD Form 47; and

	b.  adding to item 24 of his DD Form 214 the:

* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
2.  The Board further determined that 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 correcting his last name and primary MOS.





      _______ _   _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)                                         AR20120019929



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ABCMR Record of Proceedings (cont)                                         AR20120019929



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