BOARD DATE:	17 April 2014

		DOCKET NUMBER:  AR20130012186 


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 DA Form 20 (Enlisted Qualification Record) and a review of the letter from the National Personnel Records Center (NPRC), dated 20 May 2013; his DD Form 214 (Report of Transfer of Discharge); and his DD Form 215 (Correction to DD Form 214).

2.  The applicant states:

	a.  His DA Form 20 is incorrect in the following particulars:

		(1)  item 22 (Military Occupational Specialties) showing the date, 18 April 1969, associated with his secondary military occupational specialty (MOS) 11C (Indirect Fire Infantryman) is wrong – it should be 22 May 1969 because that is when he got to Vietnam and was assigned to the 82d Airborne Division;

		(2)  item 29 (Qualification in Arms) should include the 105-millimeter and 90-millimeter recoilless rifles; and

		(3)  item 38 (Record of Assignments) should include advanced individual training as an infantryman and a duty MOS of 11H (Heavy Weapons Infantryman) and 2 months are missing from the list of assignments – this list should include his assignment to Headquarters and Headquarters Company, 3d Brigade (Airborne), 82d Airborne Division, in duty MOS 11C – he was promoted by 82d Airborne Division orders.

	b.  His DD Form 215 should perhaps include the Combat Infantryman Badge (CIB).  He was involved in several different incidents while assigned to the 82d Airborne Division.  He states, "the second day after arrival we were hit by sniper fire in Phu Loi, South Vietnam.  The many times we were rocketed at Company C, USADLB [U.S. Army Depot-Long Binh]…"  His service there should be reviewed to ensure he is credited with the proper unit awards.

	c.  The letter from the NPRC is incorrect because he never asked for his records to be sent to the Department of Veterans Affairs (VA).

3.  The applicant provides:

* DA Form 20
* NPRC letter
* DD Form 214
* DD Form 215
* Sections III through X of his DD Form 47 (Record of Induction)
* letter to the NPRC, dated 25 January 2013
* letter to the VA Regional Office, St. Petersburg, FL, dated 6 June 2013
* color photograph of a U.S. Army green service uniform coat that he identifies as having been issued to him on 7 July 1970 – the awards displayed include the CIB

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 4 December 1968.



3.  His DA Form 20 shows in:

	a.  item 22, his secondary MOS as 11C2O, Infantry Indirect Fire Crewman, effective 18 April 1969, and his primary MOS as 74E2O, Computer Systems Operator, effective 14 March 1970;

	b.  item 29, he qualified as Sharpshooter with the M-16A1 rifle effective February 1969;

	c.  item 33 (Appointments and Reductions), he was advanced in rank to private first class/E-3 effective 1 June 1969 by Headquarters, 3d Brigade, 82d Airborne Division, Special Orders 180;

	d.  item 38, in part:

* he was assigned for duty in MOS 74A while in advanced individual training (AIT) at Fort Jackson, SC
* no assignment to the 3d Brigade, 82d Airborne Division

	e.  item 41 (Awards and Decorations), he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Bar (unspecified)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Army Good Conduct Medal

4.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, in effect at the time, prescribed instructions for preparing and maintaining the DA Form 20.  It stated the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.

5.  Headquarters, U.S. Army Training Center, Fort Jackson, SC, Special Orders Number 34, dated 7 February 1969, assigned him for training in MOS 11H.

6.  Headquarters, U.S. Army Training Center, Fort Jackson, SC, Special Orders Number 83, dated 7 April 1969, assigned the applicant for a 7 May 1969 port call at Oakland Overseas Replacement Station for transfer to Vietnam in MOS 11C.

7.  U.S. Army Vietnam Transient Detachment Special Orders 149, dated 28 May 1969, further assigned him to Headquarters and Headquarters Company (HHC), 3d Brigade, 82d Airborne Division.

8.  On 28 June 1969, the 3d Brigade, 82d Airborne Division, reassigned the applicant to the 537th Personnel Service Company.  The next day, orders advanced him to pay grade E-3 in MOS 11C.

9.  Headquarters Support Command Saigon Special Orders Number 181, dated 30 June 1969, further reassigned the applicant to the U.S. Army Depot, Long Binh, in secondary MOS 74A.

10.  The applicant was advanced to pay grade E-4 in MOS 74E effective 25 October 1969 and to pay grade E-5 effective 14 March 1970.

11.  He was awarded the Army Commendation Medal on 30 October 1969 for meritorious service during his tour of duty.  He was awarded the Army Good Conduct Medal as a specialist five/E-5 for the period 4 December 1968 to 7 July 1970.

12.  On 8 July 1970, the applicant was released from active duty early as an overseas returnee and transferred to the U.S. Army Reserve.  His DD Form 214 shows in:

	a.  item 23a (Specialty Number and Title) – "74E2O Comp Syst Oper [Computer Systems Operator]";

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal

	c.  item 30 (Remarks) – "RVN [Republic of Vietnam]:  22 May 69-7 Jul 70."

13.  On 17 May 2013, a DD Form 215 added the following awards:

* Army Commendation Medal
* one silver service star for wear on the Vietnam Service Medal
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

14.  A VA Form 07-3101 (Request for Information), dated 25 August 1970, indicates the VA New York Regional Office, New York, NY, requested the applicant's entrance and separation physical examinations and all medical records.  The endorsement, dated 28 October 1970, indicates the requested documents were forwarded.  (Note:  The applicant has already been sent a copy to help him locate his medical records.)

15.  Army Regulation 635-5 (Separation Documents), effective 23 August 1967, provided detailed instructions for completing separation documents, including the DD Form 214.  The instructions for item 23a stated to enter the number and title of the primary MOS.

16.  A January 1970 change to Army Regulation 635-5 provided for an entry in item 30 showing the dates of Vietnam service.

17.  Army Regulation 600-8-22 (Military Awards) states there are basically three 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.  Announcement of the award must be made in orders.

18.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Roster) shows:

	a.  Department of the Army General Orders (DAGO) Number 43, dated 1974, awarded the RVN Gallantry Cross with Palm Unit Citation to HHC, 3d Brigade, 82d Airborne Division, for the period 6 October 1968 through 11 November 1969;

	b.  DAGO Number 39, dated 1970, awarded the Meritorious Unit Commendation to the U.S. Army Depot-Long Binh for the period 1 September 1968 through 31 July 1969; and

	c.  DAGO Number 8, dated 1974, awarded the RVN 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 requested correction of his DA Form 20 and a review of the letter from the NPRC about his medical records, his DD Form 214, and DD Form 215.

2.  The DA Form 20 was intended to be a working document and correcting it many years after the fact without sufficient source documents is impossible.  For example, available documents show he was ordered to AIT in MOS 11H, not in 74A as shown on his DA Form 20.  However, nothing shows this training was completed.  We only know the applicant was ordered to Vietnam in MOS 11C immediately following AIT and he was furthered assigned to HHC, 3d Brigade, 82d Airborne Division, on 28 May 1969.

3.  He served with HHC, 3d Brigade, 82d Airborne Division, from approximately 29 May to 30 June 1969.  This unit was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 6 October 1958 through 11 November 1969.

4.  U.S. Army Depot-Long Binh was awarded the Meritorious Unit Commendation for a period that included the applicant's service with the unit.  This unit was also awarded the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974.

5.  The above unit awards should be added to his DD Form 214.

6.  Although the photograph submitted by the applicant shows the CIB displayed on the uniform coat, there is no substantiating evidence showing the applicant was awarded this badge.  The incidents he describes would not normally qualify; simply being on a base that is subjected to incoming fire is not what was intended as being "engaged in active ground combat."  Unless he actually went into the field with an infantry unit and actively engaged the enemy, it would have been highly unusual for him to have been awarded the Combat Infantryman Badge.

7.  There is no substantiating evidence showing the applicant qualified as Sharpshooter with two different recoilless rifles.  Absent substantiating evidence, these marksmanship qualification badges should not be added to his 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 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 adding award of the Meritorious Unit Citation and RVN Gallantry Cross with Palm Unit Citation (2nd Award) to his DD Form 214.

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 adding the CIB and the Sharpshooter Marksmanship Qualification Badge to his authorized awards.



      __________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)                                         AR20130012186



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ABCMR Record of Proceedings (cont)                                         AR20130012186



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