IN THE CASE OF:	

		BOARD DATE:	    23 January 2014

		DOCKET NUMBER:  AR20130008928 


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 reconsideration of his request for correction of his 
DD Form 214 (Armed Forces of the United States Armed Forces Report of Transfer or Discharge) to show the correct last duty assignment.  As a new issue, he requests his award of the Vietnamese Parachutist Badge and his secondary military occupational specialty (MOS) 11B4S27 (Infantryman) be added to his  DD Form 214. 

2.  The applicant states, in effect, that the unit described in the previous record of proceedings "Detachment A, 241st, Company B, 5th Special Forces Group (SFG), 1st SF, APO SF" is not only incorrect, it does not exist.  He goes on to state that the proper designation of his unit is "Detachment A-241, 5th SFG, 1st SF, APO 96240."  He continues by stating that all members of the 5th Special Forces (SF) Group were required to wear the Vietnamese Parachutist Badge but he does not remember the order that relates to it.  He also states that his first MOS was as an 11B infantryman and it became his secondary MOS when he became a radio operator and he desires it to be entered on his DD Form 214.

3.  The applicant provides a three-page letter explaining his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120014415 on 12 February 2013.
2.  The applicant enlisted in the Regular Army on 29 July 1965 for a period of 
3 years.  He completed his basic training at Fort Dix, New Jersey, his advanced individual training as an infantryman, and airborne training at Fort Benning, Georgia before being transferred to Fort Bragg, North Carolina for his first duty assignment.

3.  On 15 March 1967, he was assigned to Company E, 7th SFG for on-the-job training in MOS 05B as a radio operator.  He was awarded 05B4S27 as his primary MOS on 20 June 1967.

4.  He was transferred to Vietnam on 24 September 1967 and was assigned to Detachment A-241, 5th SFG, 1st SF, APO  96240 and remained with that unit until he departed Vietnam on 20 July 1968.  He was transferred to Oakland Army Base, California where he was released from active duty as an overseas returnee.  He had served 2 years, 11 months, and 22 days of active service and his DD Form 214 issued at the time of his REFRAD shows in item 12 (Last Duty Assignment and Major Command) that his last duty assignment was "DET A 241 Co B APO SF 96499."  It also shows no award of the Vietnamese Parachutist Badge.

5.  A review of his records failed to show any evidence of his being awarded the Vietnamese Parachutist Badge or evidence of any approval to wear the same.

6.  Army Regulation 600-8-22 (Military Awards) states individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular decoration is authorized for award only to enlisted personnel of host country then the decoration may be accepted and worn by U.S. Army enlisted personnel.  The regulation in effect at the time (Army Regulation 672-5-1 (Decoration and Awards)) required that all foreign decorations and badges be approve by the Department of the Army before they could be worn.

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided that only the primary specialty would be entered on the DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his last duty assignment is incorrectly reflected on his DD Form 214 has been noted and appears to have merit.  The unit listed on his DD Form 214 does not fully reflect the unit he served with.  Accordingly, his DD Form 214 should be corrected to show in item 12 the entry "Detachment A-241, 5th SFG, 1st SF, APO 96240."

2.  The applicant’s contention that his DD Form 214 should reflect the award of the Vietnamese Parachutist Badge has been noted and appears to lack merit.  The applicant has not provided and the available records do not contain an order authorizing him the award of the Vietnamese Parachutist Badge.  Therefore, in the absence of such orders there is no basis to add that award to his DD Form 214.

3.  The applicant’s contention that his secondary MOS of 11B infantryman should be added to his DD Form 214 has been noted and also found to lack merit.  The regulation governing the preparation of the DD Form 214 provides that only the primary specialty will be entered on that form.  Accordingly, there is no basis to grant his request to enter his secondary MOS on his DD Form 214.

4.  Additionally, the applicant should be aware that the Board is not an investigative agency and the responsibility to provide evidence to support a case rests with the individual applicant.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__X____  ___X____  ___X____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that partial relief is warranted.

2.  In regard to the request of reconsideration, the Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20120014415, dated 12 February 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry "DET A 241 Co B APO SF 96499" from item 12 of his DD Form 214 
* adding the entry "Detachment A-241, 5th SFG, 1st SF, APO SF 96240" to item 12 of his DD Form 214 

3.  In regard to the new issues, the Board 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 adding the award of the Vietnamese Parachutist Badge and adding his secondary MOS to 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)                                         AR20130008928





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ABCMR Record of Proceedings (cont)                                         AR20130008928



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