PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 March 2003
         DOCKET NUMBER: AR2002080303


         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. Carl W. S. Chun		Director
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Melvin H. Meyer		Member
Mr. John T. Meixell		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, that his military records be corrected to show his correct military occupational specialty (MOS); by adding his military education and unit citations; and by showing he earned the following awards: Air Medal (AM); Army Good Conduct Medal (AGCM); and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3. The applicant states, in effect, that his separation document (DD Form 214) incorrectly lists his MOS as 11F40, and it does not show that he completed advanced individual training (AIT) and the Leadership Preparation Course (LPC) at Fort Polk, Louisiana. In addition, the list of authorized awards contained in his DD Form 214 does not include the AM, AGCM, or Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4. The applicant further states that although his MOS was 11H (Anti-Tank Direct Fire Crew Leader), due to a greater demand, he was placed in a position as a Rifleman soon after he arrived in the RVN. He also states that during his tenure in the RVN, his units earned the Republic of Vietnam Gallantry Cross (RVNGC) with Palm and the Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation. He further claims that based on actions during the TET Offensive, his unit was awarded the Valorous Unit Citation.

5. The applicant also claims that upon his arrival at the 25^th Infantry Division, he participated in a week of air assault training and that over the course of his tour in the RVN, he consistently participated in air assault operations that should entitle him to receive the AM. He claims that due to poor record keeping in his units, he never received this award. In support of his application, he submits a copy of Special Orders Number 114, dated 4 October 1966, issued by Headquarters, United States Army Training Center Infantry, Fort Lewis, Washington, which awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, photos, and associated military documents, to include supporting statements from his former battalion commander, battalion sergeant major, and company commander.

6. The applicant’s military records show that he entered the Army on
18 August 1966, and that he was trained and served in MOS 11H (Infantry Direct Fire Crewman). His Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 17 February 1967 to 1 February 1968, and that during this tour he served in MOS 11H as an ammo bearer with A Company,
2^nd Battalion, 14^th Infantry Regiment, from 17 February through 7 May 1967; and with E Company, 2^nd Battalion, 3^rd Infantry Regiment, from 8 May 1967 through
1 February 1968. The DA Form 20 also confirms that while assigned to Fort Polk, Louisiana, he completed AIT and was awarded MOS 11H on 21 January 1967, and that he completed a two week LPC on 4 November 1966.

---

7. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents to show that he was ever recommended for or awarded the AM. The MPRJ is also void of any derogatory information or a disqualification from any of his active duty unit commanders that would disqualify him from receiving the Army Good Conduct Medal (AGCM).

8. On 7 August 1968, he was honorably released from active duty (REFRAD), in the rank of sergeant/E-5. The DD Form 214 issued to him upon his separation lists the MOS 11F (Indirect Fire Crewman) in Item 23a (Specialty Number & Title). It also lists the following awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): National Defense Service Medal; Vietnam Service Medal; Combat Infantryman Badge; Vietnam Campaign Medal; Expert Marksmanship Qualification Badge 106 MM and Pistol 45 Cal. Item 25 (Education and Training) of this document is blank, and lists no courses completed during the active duty period covered by the DD Form 214.

9. The applicant provided a copy of Special Orders Number 114, dated
4 October 1966, issued by Headquarters, United States Army Training Center Infantry, Fort Lewis, Washington, which confirms that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10. The applicant’s battalion commander, battalion sergeant major, and company commander in the RVN provided letters of support that indicate that the applicant satisfied the eligibility criteria for and should have been awarded the AM based on his completion of the required number of air assault missions, but that he never received the award due to poor record keeping in the unit. The letters of support specifically show that the applicant participated in air assault missions while assigned to with E Company, 2^nd Battalion, 3^rd Infantry Regiment. They further indicated that while no manifests or other records that were kept, the monthly average of air assault missions performed by the applicant’s unit was between 5 and 10. Further, they state that if records had been properly maintained soldiers in the applicant’s unit would have been awarded at least one AM, and some would have received more than one.

11. Army Regulation 600-8-22 (Military Awards) prescribes the policy on the Army’s awards program. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.

---

12. Chapter 4 contains guidance on awarding the AGCM and it states that it will be awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This normal qualifying period is 3 years, except in the case of the first award for which a period of 1 or more years of service is considered a qualifying period at the termination of a period of Federal military service. Even though there is no automatic entitlement to the AGCM, any disqualification must be justified and current policy requires that unit commanders provide written notice of non-favorable consideration and allow individuals the opportunity to respond/rebut the reason for denial of the award.

13. Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers. This document confirms the applicant participated in three campaigns during his tenure in the RVN: Vietnam Counteroffensive Phase 11; Vietnam Counteroffensive Phase VIII; and TET Counteroffensive.

14. Army Regulation 635-5 in effect at the time, dated 23 May 1972, prescribed the separation documents which were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. Paragraph 2-42 contained guidance and instructions for entries for Item 25 (Education and Training Completed). It stated, in pertinent part, that all service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared would be entered in Item 25. It further stipulated, that for enlisted personnel installation training courses (qualification courses), military correspondence courses, and off-duty education courses completed successfully during the period covered by the DD Form 214 would be entered in Item 25.

15. United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for awarding the AM during the Vietnam Conflict based on the types of missions and total hours flown. It established flying 25 category 1 missions (air assault and equally dangerous missions) and accruing a minimum of 25 hours of flight time while engaged in flying those missions as the standard for earning an award of the AM.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document confirms that during his assignment tenure, the applicant’s units received the Valorous Unit Award, RVNGC with Palm Unit Citation, and RVNCAHM First Class Unit Citation.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his military records should be corrected to show award of the AM and finds this claim has merit. Under the provisions of the USARV guidelines, in effect at the time, a standard of
25 category one missions and 25 hours of accrued flight time on those missions was established as the criteria for award of an AM.

2. The evidence of record contains no specific confirmation of the category of missions or the amount he accrued of combat flight time in Vietnam. However, the Board finds it is reasonable to presume that the applicant participated in the number of category 1 missions required by the USARV regulation to qualify for the AM. This presumption is based on the confirmation of the average number of air assault missions performed by the applicant’s unit during his tenure of assignment and of his participation in those missions, which was provided in the supporting statements from his RVN battalion commander, battalion sergeant major, and company commander. Thus, the Board finds there is sufficient corroborating independent evidence to support awarding the applicant the AM at this time.

3. The evidence of record confirms that the applicant was trained in and awarded MOS 11H (Infantry Direct Fire Crewman) and that his DD Form 214 incorrectly lists his MOS as 11F (Indirect Fire Crewman) in Item 23a (Specialty Number & Title). Therefore, the Board concludes it would be appropriate to correct this separation document entry at this time.

4. The Board also notes the applicant’s claim that all the military education and training he successfully completed during his tenure on active duty was not included in his separation document, and it finds this claim has merit. Under the provisions of the regulation in effect at the time, all qualifying service schools, installation training courses, military correspondence courses, or off-duty courses successfully completed by enlisted personnel during the period covered by the separation document were authorized to be added to Item 25 (Education and Training Completed) of the DD Form 214 being issued.

5. The record confirms that while assigned to Fort Polk, Louisiana, the applicant successfully completed the LPC on 4 November 1966 and AIT in MOS 11H on 21 January 1967. These courses were not included in Item 25 of the DD Form 214 issued to the applicant upon his separation on 7 August 1968. Therefore, the Board concludes that it would be appropriate to add these courses to his separation document at this time.

---

6. During its review of this case, the Board also found that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and that this badge was not properly recorded in the list of authorized awards contained in his separation document. Therefore, the Board finds it would be appropriate to add to his DD Form 214 at this time.

7. Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his active duty unit commanders, the Board further concludes that the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM.

8. In addition, the record confirms that the applicant’s service in the RVN entitles him to 3 bronze service stars with his Vietnam Service Medal based on his campaign participation; and that he is entitled to the Valorous Unit Award, RVNGC with Palm Unit Citation, and RVNCAHM First Class Unit Citation based on his unit service in the RVN. Therefore, the Board concludes that it would also be appropriate to add these awards to his record at this time.

9. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

         a. awarding the individual concerned the Air Medal;

b. amending Item 23a (Specialty Number & Title) of his DD Form 214 to read entry “11H40 (Infantry Direct Fire Crewman) “ vice the current entry of 11F40 (Indirect Fire Crewman);

c. adding the following entries to Item 25 (Education and Training) of his DD Form 214: “ Infantry Direct Fire Crewman – 11H40 – Fort Polk, Louisiana – 11 Weeks - 1967”, and “Leadership Preparation Course – Fort Polk, Louisiana – 2 Weeks - 1966”;

d. awarding him the first award of the Army Good Conduct Medal for his qualifying period of active honorable military service from 18 August 1966 to
7 August 1968;

---

e. showing that he earned 3 bronze service stars with his Vietnam Service Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

f. providing him a corrected separation document that reflects these changes.

BOARD VOTE:

__JNS__ __MHM _ __ JTM __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ John N. Slone _
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002080303
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/03/25
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.