PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            21 December 1999  
	DOCKET NUMBER:   AR1999028834

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show his correct Social Security Number (SSN) in item 
3 (Social Security Number).  He requests that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show award of the Combat Infantryman Badge, the “AM w/olc” (correctly known as the Air Medal with Numeral (2)), the Bronze Star Medal with “V” Device, the “PRCHT BGE W/Star device” (correctly known as the Senior Parachutist Badge), the “RVN PRCHT BGE W/Star Device” (correctly known as Republic of Vietnam Parachutist Badge), the “VNCA 2nd Class” (correctly known as the Republic of Vietnam Civil Actions Medal Unit Citation Second Class) and the “VNWN” (Analyst Note: This acronym cannot be found in US Army Vietnam Regulation or the current Army awards regulation).  He also requests that item 25 (Education and Training Completed) show completion of Basic Airborne (USA), “RVN [Vietnam] Basic Airborne”, and “ARVN [Army Vietnam] Jungle School”; that his VA Claim Number be shown in item
28 (VA Claim Number); and that item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge) be corrected to show his current address.

3.  The applicant states, in effect, that the ninth digit of his SSN is incorrectly listed on his DD Form 214 as a “9” and that it should be a “7”.  He also contends that he is entitled to the aforementioned corrections.

4.  The applicant’s military records show that he enlisted on 1 February 1966 for a period of 3 years.  He served as a clerk typist in Vietnam from 9 August 1966 through 25 March 1968 and was honorably discharged on 31 January 1969. 

5.  Item 3 (Social Security Number) of the applicant’s DD Form 214 lists the ninth digit as a “9”.  The DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge, the Air Medal with Numeral (2), the Bronze Star Medal with “V” Device, the Senior Parachutist Badge, the Republic of Vietnam Parachutist Badge or the Republic of Vietnam Civil Actions Medal Unit Citation Second Class as authorized awards.  Since the “VNWM” is not authorized in the regulation in effect at the time or the current regulation, it is not discussed further in this proceeding.  Item 25 (Education and Training Completed) does not show Basic Airborne (USA), “RVN Basic Airborne” or “ARVN Jungle School”.  Item 28 (VA Claim Number) shows “NA” and item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge) shows “8815 S “G” ST, TACOMA WASHINGTON 98444”.

6.  DD Form 398 (Statement of Personal History), dated 1 February 1966, which was authenticated in the applicant’s own hand, shows the ninth digit of his Social Security Number as a “7”.

7.  The applicant’s personnel records show that he was assigned to the
51st Chemical Detachment, 173rd Airborne Brigade in military occupational specialty (MOS) 71A (clerk) from 12 August 1966 through 16 April 1967.  His records show he was assigned to Headquarters & Headquarters Company,
4th Battalion, 503rd Infantry in MOS 71A (clerk) and MOS 71B (clerk typist) from 17 April 1967 through 7 January 1968.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company A, 4th Battalion,
503rd Infantry and duty MOS 71B (clerk typist) was lined through with a pen and a pen and ink entry of “DMOS 11B2P (Infantry)” was entered.  However, there is no evidence in the applicant’s records which shows he was trained in or awarded MOS 11B.  There are no orders in the applicant’s personnel records which shows that he was awarded the Combat Infantryman Badge.

8.  There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he met the qualifications for or was recommended for any award of the Air Medal.

9.  There is no evidence in the applicant’s records that he was recommended for or awarded the Bronze Star Medal with “V” Device.   

10.  Evidence of record shows the applicant completed three weeks of basic airborne training on 8 July 1966 and was awarded the Parachutist Badge.  There is no evidence the applicant was awarded the Senior Parachutist Badge.  The applicant refused an airborne assignment on 20 May 1968.  As a result, Headquarters US Army Personnel Center (Fort Lewis, Washington) promulgated Special Orders Number 143, dated 22 March 1968, revoked his award of the Parachutist Badge.   

11.  There is no evidence in the applicant’s records which shows that he attended Vietnamese airborne training, that he was awarded the Republic of Vietnam Parachutist Badge, or that he was authorized by Headquarters US Army Vietnam to accept and to wear any Republic of Vietnam Parachutist Badge.

12.  There is no evidence in the applicant’s records which shows he was awarded the Republic of Vietnam Civil Actions Medal Unit Citation Second Class.

13.  The applicant’s records fail to show that he completed Vietnam Jungle School.

14.  There is no evidence in the applicant’s records which shows that he was assigned a VA Claim Number prior to his discharge on 31 January 1969.

15.  Headquarters US Army Personnel Center Special Orders Number 20, dated 20 January 1969, shows “Perm adrs [permanent address]:  8815 South “G” Street Tacoma WA 98444”.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 5 May 1965 to 4 May 1967 by Department of the Army General Orders Number 48, dated 1968.  The applicant’s unit was cited for the Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 51, dated 1971.  The applicant’s unit was also cited for the Presidential Unit Citation for actions during the period 6 November 1967 to 23 November 1967 by Department of the Army General Orders Number 2, dated 1982.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

20.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the Senior Parachutist Badge.  Award of the Senior Parachutist Badge requires a rating of excellent in conduct and efficiency, completion of 30 jumps (15 with combat equipment, two night jumps with one as jumpmaster, two mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months.

21.  Army Regulation 600-8-22, in pertinent part, provides that soldiers who are not currently assigned to an airborne position and unit, but who have completed basic training are prohibited from attending foreign airborne training courses, participating in foreign airborne operations, or wearing of foreign parachute badges.

22.  US Army Vietnam Regulation Number 672-2 (Decorations, Awards, and Honors Foreign Awards and Decorations) in effect at the time provides, in pertinent part, that the Republic of Vietnam Civil Actions Medal Unit Citation Second Class is awarded by the Vietnamese government to personnel for outstanding achievements in civic actions or civil affairs.  

23.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part it states that item 25 (Education and Training Completed) will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

24.  Army Regulation 635-5, in effect at the time, states in pertinent part, that the VA Claim Number will be shown in item 28 if one has been assigned to the individual.  It states that the number may be obtained from any correspondence the individual has received in connection with benefits for which they have previously applied.  The regulation also states that the permanent address for mailing purposes furnished by the individual at time of separation will be shown in item 31 (Permanent Address For Mailing Purposes after Transfer or Discharge). 

CONCLUSIONS:

1.  The applicant’s SSN was incorrectly entered on his DD Form 214, in that, the ninth digit was incorrectly entered as a “9” instead of a “7”.  Therefore, it would be in the interest of justice to correct his SSN on his DD Form 214 at this time.

2.  Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows he served in MOS 71A (clerk) and MOS 71B (clerk typist) during his assignments in Vietnam.  There is no evidence that the applicant was ever awarded an infantry MOS; served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, he is not entitled to the Combat Infantryman Badge.

3.  Contrary to the applicant’s contention that he is entitled to the Air Medal with Numeral (2), there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for any award of the Air Medal.  Therefore, he is not entitled to correction of his military records to show award of the Air Medal with Numeral (2).

4.  Notwithstanding the applicant’s contention that he is entitled to award of the Bronze Star Medal with “V” Device, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal with “V” Device.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.  

5.  The applicant’s DD Form 214 shows the Parachutist Badge as an authorized award.  Evidence of record shows the applicant’s Parachutist Badge was revoked on 22 May 1968.  Therefore, his records should be corrected to delete the Parachutist Badge.

6.  The Board noted the applicant’s contention that he is entitled to the Republic of Vietnam Parachutist Badge.  However, in accordance with the governing regulation, soldiers who are not assigned to an airborne position and unit, but who have completed basic training are prohibited from attending foreign airborne training courses or wearing of foreign parachute badges.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the Republic of Vietnam Parachutist Badge or completion of the Vietnam Basic Airborne training course.

7.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded the Republic of Vietnam Civil Actions Medal Unit Citation Second Class.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

8.  Evidence of record shows the applicant completed Basic Airborne Training; therefore, he is entitled to correction of his DD Form 214 to show this training course.

9.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he completed Vietnam Jungle School.  Therefore, he is not entitled to correction of his DD Form 214 to show this course. 

10.  There is no evidence of record available to the Board which shows the applicant had been assigned a VA Claim Number at the time of his separation.  Therefore, he is not entitled to correction of his DD Form 214 to show his VA Claim Number at this time.  

11.  The Board noted the applicant’s request to correct item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge) of his DD Form 214 to show his current address.  However, in accordance with the governing regulation, item 31 lists the permanent address provided by the individual at the time of separation.  Therefore, the applicant is not entitled to correction of item 
31 of his DD Form 214. 

12.  The applicant’s unit was awarded the Meritorious Unit Commendation. the Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

13.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by showing that the ninth digit of the SSN is a “7” in item 3 (Social Security Number) of the DD Form 214 of the individual concerned: and

	b.  by deleting the entry “PRCHT BGE” from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214; and

	c.  by showing the entry “Basic Airborne Training, 3 weeks, July 1966” in item 25 (Education and Training Complete) of his DD Form 214; and

	d.  by showing the entries “Meritorious Unit Commendation”, “Vietnam Gallantry Cross with Palm Unit Citation” and “Presidential Unit Citation” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. 

2.	That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

HOF____  MW_____  DW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Hubert O. Fry, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028834	
SUFFIX		
RECON		
DATE BOARDED	19991221	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690131	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0900	
2.	107.0111	
3.	107.0018	
4.	107.0014	
5.	107.0120	
6.