IN THE CASE OF:	  

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140007545 


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 earlier request for award of the Purple Heart (PH) and Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards.

2.  The applicant states:

	a.  He was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman) after completion of advanced individual training (AIT) as noted on his DA Form 20 (Enlisted Qualification Record).  He held this MOS when he arrived in Vietnam on 12 July 1966.  He was initially assigned to 1st Battalion, 27th Infantry Regiment (Wolfhounds), 25th Infantry Division.  He was transferred after only 2 days and assigned to the 25th Administration Company, 25th Infantry Division, because he could type.  He was never trained in MOS 71H (Personnel Specialist).

	b.  His records were "misplaced" during AIT and he didn't get paid for almost 2 months.  He thinks this is why is Expert Marksmanship Qualification Badge with Mortar Bar is not documented in his records.  He also thinks the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) was documented because it was near the end of training and his records had been located by then.  He was paid in full after that.

	c.  Although it was only for 2 days, he actively participated in ground combat and performed infantry duties while assigned to an infantry unit engaged in active ground combat.

	d.  He has no records to show he was wounded in action or awarded the PH or CIB.  He had hoped the Board would have access to records unavailable to him.  He could not locate the Soldier who took him to the 25th Evacuation Hospital, but he did find a letter he wrote to his sister wherein he told her he had gotten sick and spent 3 days in the hospital.  Although this was not the incident for which he received medical treatment for a concussion, it is an example of the lack of records pertaining to his hospitalizations.

	e.  During this period, recordkeeping was not high on the priority list.  His original DD Form 214 and DD Form 215 (Correction to DD Form 214) are good examples of this.

3.  The applicant provides a letter he wrote to his family members, dated 3 April 1967, and a letter from the National Personnel Records Center (NPRC), dated 20 April 2011.

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 AR20130006637 on 12 December 2013.

2.  The applicant provided the original letter he wrote to his family members, dated 3 April 1967, and a letter from the National Personnel Records Center, dated 20 April 2011, that were not previously considered by the Board.  Therefore, they are considered new evidence which warrant consideration at this time.

3.  He was inducted into the Army of the United States on 24 January 1966.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Fort Benning, GA, for basic combat training from on or about 25 January 1966 to 1 April 1966.  He departed Fort Benning on 1 April 1966 en route to Fort Sam Houston, TX, for advanced individual training in MOS 71H.  He was reassigned to Fort Gordon, GA, for advanced infantry training from 25 April 1966 to 24 June 1966.  He departed Fort Gordon on 24 June 1966 en route to U.S. Army Pacific.

5.  Item 31 (Foreign Service) of his DA Form 20 shows he arrived in Vietnam on or about 12 July 1966.

6.  Item 22 (MOS) of his DA Form 20 shows he was awarded MOS 71H effective 15 July 1966.  Prior MOS entries of 71K (Personnel Management Specialist) effective 15 July 1966 and 29 July 1966 are lined through, as well as a stamped entry for MOS 11C with no effective date.

7.  Item 38 of his DA Form 20 shows he was assigned to the 25th Administration Company, 25th Infantry Division, Vietnam, in duty MOS 71H effective 15 July 1966.  He departed Vietnam en route to U.S. Army Europe on 11 July 1967.

8.  Headquarters, 25th Infantry Division, General Orders Number 2879, dated 13 July 1967, awarded him the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period July 1966 to June 1967.  His unit of assignment is shown as the 25th Administration Company, 25th Infantry Division.

9.  His records contain a Standard Form 88 (Report of Medical Examination), dated 14 October 1967, completed for the purpose of separation wherein his rating or specialty is shown as "71H3O Personnel Management Specialist."  The examining physician noted no clinical abnormalities.

10.  His records contain a Standard Form 89 (Report of Medical History), dated 14 October 1967, completed for the purpose of separation wherein he stated, "I am in good health."  He checked the "No" block for item 34 (Have you consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years?  If yes, give complete address of doctor, hospital, clinic, and details.)

11.  Item 40 (Wounds) of his DA Form 20 is blank.

12.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded or authorized the PH or CIB.

13.  His name is not listed in the Vietnam casualty roster.

14.  He was honorably released from active duty on 12 December 1967.  He completed 1 year, 10 months, and 19 days of active service during this period.  His DD Form 214 shows his MOS as 71H.  He was awarded or authorized the –

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
15.  On 21 June 2007, the NPRC issued him a DD Form 215 correcting his DD Form 214 for the period ending 12 December 1967 to show he was additionally awarded or authorized the following awards –

* Vietnam Service Medal with two bronze service stars
* Army Commendation Medal
* Meritorious Service Medal
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Republic of Vietnam Campaign Ribbon (Medal) with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

16.  On 12 December 2013, the ABCMR denied his request for award of the PH and CIB based on insufficient evidence.

17.  He provided an original self-authored letter to his family members, dated 3 April 1967, wherein he described his rest and recuperation leave in Bangkok, Thailand.  He stated he got sick when he came back and spent 3 days in the hospital suffering from some kind of influenza.  He then described his future assignment in Germany.

18.  He provided a letter from NPRC, dated 20 April 2011, informing him that a search conducted for his inpatient medical records was negative.

19.  During the Vietnam War, Fort Gordon was home to Camp Crockett, an area of the post conducting 8-week infantry training courses for Soldiers projected to attend airborne training at Fort Benning, GA, followed by assignments to airborne units in Vietnam.

20.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be placed in item 40.

21.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The PH is awarded for a wound sustained while in action against an enemy or as a 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 medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The CIB is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces MOS.  They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size.  Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy.  Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances.

22.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB during the Vietnam era.  Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded MOS 11C upon completion of AIT as noted on his DA Form 20.  However, his DA Form 20 does not support this contention.  His DA Form 20 shows the entry for MOS 11C was lined through and no effective date was ever ascribed.  It appears that he may have been projected to hold this MOS, but it was never awarded.

2.  He also contends he held MOS 11C when he arrived in Vietnam on 12 July 1956 and he was initially assigned to 1st Battalion, 27th Infantry Regiment (Wolfhounds), 25th Infantry Division, before being transferred to the 25th Administration Company, 25th Infantry Division, after only 2 days.  However, his DA Form 20 clearly shows he was assigned to the 25th Administration Company, 25th Infantry Division, in duty MOS 71H upon arrival in Vietnam.

3.  There is no evidence showing he ever held MOS 11C or was assigned to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size or was personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy.

4.  Notwithstanding his claims of at least two hospitalizations during his period of service in Vietnam, his Standard Form 89, dated 14 October 1967, for the purpose of separation clearly shows he checked the "No" block for reporting treatment by clinics, physicians, healers, or other practitioners within the past 5 years along with the complete address of doctor, hospital, clinic, and details.  More significantly, his name is not listed on the Vietnam casualty roster and no entry was made in item 40 of his DA Form 20 indicating he was wounded as a result of hostile action.

4.  In view of the aforementioned evidence of record, there is no basis for awarding him the PH or CIB or adding these awards to his DD Form 214.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130006637, dated 12 December 2013.



      __________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)                                         AR20140007545



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140007545



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1