IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150016245 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150016245 BOARD DETERMINATION/RECOMMENDATION: 1. 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 AC92-05440, dated 18 November 1992. 2. With regard to his new issues, 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 removing the DARC Form 556 pertaining to D____ F. T____, social security number XXX-XX-4661, from his OMPF. 3. 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: a correcting his DD Form 214 for the period ending 15 April 1969 to show his blood type as B positive, b. correcting his military records to show he qualified as Expert with the .45 caliber pistol, c. correcting his DA Form 20 to show his typing skill qualification, and d. correcting his military records to show the date his automobile accident occurred as 25 December 1967. _____________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. IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150016245 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 to correct the general orders number and date of action shown in his Bronze Star Medal with "V" Device orders. 2. As new issues, the applicant requests: a. removal of a U.S. Army Reserve Components Personnel Administration Center (DARC) Form 556 (Statement of Military Qualifications and Training) belonging to another Soldier from his Official Personnel Military File (OMPF); b. correction of his blood group in item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 April 1969 to show B positive; c. correction of his military records to show he qualified as Expert with the .45 caliber pistol; d. in effect, correction of his DA Form 20 (Enlisted Qualification Record) to show his typing skill qualification; and e. correction of his military records to show the date of his automobile accident occurred on 25 December 1967. 3. The applicant states: a. His military records have been tampered with. b. A DARC Form 556 pertaining to another Soldier, D____ F. T____, social security number XXX-XX-4661, is filed in his military records. c. His blood type is B positive, not A. d. His Enlisted Qualification Record has been altered and skills were omitted, such as typing 65 words per minute and qualifying as Expert with the .45 caliber pistol. e. The general orders number for his award of the Bronze Star Medal with "V" Device should be "431" and the date of the action should be 25 December 1966. f. His automobile accident occurred on 25 December 1967, not 30 December 1967. 3. The applicant provides: * five separate applications * DD Form 214 for the period ending 15 April 1969 * DARC Form 556 pertaining to D____ F. T____, social security number XXX-XX-4661 * DA Form 428 (Application for Identification Card) * Headquarters, 82d Airborne Division, Special Orders Number 8, dated 9 January 1968 * Headquarters, 101st Airborne Division and Fort Campbell, Special Orders Number 35, dated 9 February 1966 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 781, dated 19 February 1967 * North Carolina Department of Motor Vehicles Traffic Accident Report, dated 2 January 1968 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 6 May 1968 * DD Form 261 (Report of Investigation – Line of Duty and Misconduct Status), dated 22 May 1968 * DA Form 19-24 (Statement), dated 30 June 1968 * DA Form 2173 (Statement of Medical Examination and Duty Status) 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 AC92-05440 on 18 November 1992. 2. The applicant's contention that the general orders number for his Bronze Star Medal with "V" Device is incorrect is a new argument that was not previously considered by the Board and warrants consideration at this time. 3. The applicant enlisted in the Regular Army on 14 April 1965 for a period of 3 years. 4. He provided Headquarters, 101st Airborne Division and Fort Campbell, Special Orders Number 35, dated 9 February 1966, showing he qualified as Sharpshooter with the .45 caliber pistol during the period 12-14 January 1966. 5. On 15 April 1966, he was honorably discharged for immediate reenlistment. He reenlisted on 16 April 1966 for a period of 3 years. 6. He served in Vietnam from on or about 3 June 1966 to on or about 31 May 1967. 7. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 781, dated 19 February 1967, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 22 December 1966. 8. He provided Headquarters, 82d Airborne Division, Special Orders Number 8, dated 9 January 1968, showing he qualified as Sharpshooter with the .45 caliber pistol on 3 January 1968. 9. He provided a North Carolina Department of Motor Vehicles Traffic Accident Report, dated 2 January 1968, showing he was involved in a motor vehicle accident on 30 December 1967. 10. His records contain a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 11 April 1968, stating he was involved in an automobile accident on 30 December 1967. He suffered a fractured right patella, concussion, and left knee laceration. 11. He also provided the following documents showing he was involved in a motor vehicle accident on 30 December 1967: * North Carolina Department of Motor Vehicles Traffic Accident Report, dated 2 January 1968 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 6 May 1968 * DD Form 261 (Report of Investigation – Line of Duty and Misconduct Status), dated 22 May 1968 * DA Form 19-24, dated 30 June 1968 12. There is no evidence of record showing the automobile accident occurred on 25 December 1967. 13. His DA Form 20 shows in: * item 29 (Qualification in Arms) – he qualified as Sharpshooter with the .45 caliber pistol on 3 January 1968 * item 41 (Awards and Decorations) – the authority for award of the Bronze Star Medal with "V" Device as Headquarters, 1st Cavalry Division, General Orders Number 781, dated 1967 * item 42 (Remarks) – blood type A 14. There is no evidence in his records showing he qualified as Expert with the .45 caliber pistol. 15. On 15 April 1969, he was honorably released from active duty. 16. Item 30 of his DD Form 214 for the period ending 15 April 1969 shows his blood group as A. 17. His military records contain a DARC Form 556 pertaining to another Soldier, D____ F. T____, social security number XXX-XX-4661. 18. On 18 November 1992, the ABCMR denied his request to amend the date of action shown in his Bronze Star Medal with "V" Device orders. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that marksmanship qualification badges are awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. 2. 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 preparation of the DD Form 214. The instructions in effect at the time stated to enter the blood group in item 30 from the Standard Form 601 (Immunization Record) or the Enlisted Qualification Record. 3. 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. There is no provision to show typing skills on the DA Form 20. DISCUSSION: 1. The applicant's request for reconsideration to amend the general orders number and date of action in his Bronze Star Medal with "V" Device orders was carefully considered. He failed to provide evidence showing the action occurred on 25 December 1966 instead of 22 December 1966 or that the general orders number is incorrect. Administrative regularity must be presumed. 2. His contention that another Soldier's DARC Form 556 is filed in his military records has merit. This document should be removed from his OMPF. 3. Although he contends his blood type is B positive, the evidence of record shows his blood group as A. 4. There is no provision to show typing skill qualifications on the DA Form 20. 5. Although he contends he qualified as Expert with the .45 caliber pistol, there is no evidence of record and he provided no evidence to support this contention. Special orders show he qualified as Sharpshooter with the .45 caliber pistol. 6. His request to amend his military records to show the date of his automobile accident as 25 December 1967 was noted. The preponderance of evidence shows the accident occurred on 30 December 1967. He provided no evidence showing the accident occurred on 25 December 1967. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016245 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016245 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2