RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 September 2005
	DOCKET NUMBER:  AR20050001071 


	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. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:

Mr. Lester Echols

Chairperson

Mr. Paul M. Smith

Member

Mr. Leonard G. Hassell

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge, Good Conduct Medal, and Republic of Vietnam Gallantry Cross.

2.  The applicant states, in effect, that he was a special forces combat engineer in Vietnam and that his service, as documented in his military personnel service records, entitles him to these awards.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 27 May 1968, the date of his separation from active duty.  The application submitted in this case is dated 6 January 2005.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military service record shows that he enlisted in the U.S. Army on 6 January 1965.  Upon completion of basic combat training and advanced individual training (AIT), the applicant was awarded military occupational specialty (MOS) 12B (Combat Engineer).  Following AIT, he completed Basic Airborne and Special Forces training at Fort Bragg, North Carolina.

4.  The applicant's military service record shows that he was assigned to Company B, 5th Special Forces Group (Airborne), 1st Special Forces in Vietnam, from 16 December 1967 through 24 May 1968.  He was separated from the U.S. Army under honorable conditions on 27 May 1968 after serving on active duty for a total of 3 years, 4 months, and 22 days.



5.  The applicant's DD Form 214, issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle (M14) Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from
11 December 1967 through 29 May 1968.  Item 39 (Campaigns) of this document does not contain any entries.  Item 41 (Awards and Decorations) of this document shows the following awards and decorations:  Parachutist Badge, National Defense Service Medal, Vietnam Service Medal, Expert Qualification Badge with Pistol (.45), Sharpshooter Qualification Badge with Rifle (M14), and Expert Qualification Badge with Rifle (M16).

7.  There are no orders or other evidence in the applicant’s service personnel record which shows that he was awarded the Combat Infantryman Badge

8.  The applicant's record contains a copy of Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces (Vietnam), General Orders Number 863, dated 29 May 1968, which shows that he was awarded the Good Conduct Medal for exemplary behavior, efficiency, and fidelity from 6 January 1965 to
5 January 1968.

9.  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 that, at the time of the applicant's assignment to Company B, 5th Special Forces Group (Airborne) in Vietnam, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 59, 1969.

10.  The applicant provides a copy of his DD Form 214 and references his award order for the Bronze Star Medal with "V" Device in support of his application.

11.  A review of the applicant's record reveals that he may be entitled to additional awards that are not shown on his DD Form 214.





12.  The applicant's record contains a copy of Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces (Vietnam), General Orders Number 1173, dated 5 July 1968, which shows that he was awarded the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force near the Special Forces camp of Polei Kleng in the Republic of Vietnam on 17 March 1968.

13.  The applicant's record contains a copy of Headquarters, United States Army Infantry Center, Fort Benning, Georgia, Special Orders Number 141, dated
23 June 1965, which shows that he was awarded the Parachutist Badge.

14.  The applicant's record contains a copy of Headquarters, 10th Special Forces Group (Airborne), 1st Special Forces (Europe), Special Orders Number 195, dated 7 September 1967, which shows that he was awarded the Expert Marksmanship Qualification Badge with Pistol (.45) Bar.

15.  The applicant's record contains a copy of Headquarters, 10th Special Forces Group (Airborne), 1st Special Forces (Europe), Special Orders Number 129, dated 15 June 1967, which shows that he was awarded the Expert Marksmanship Qualification Badge with Rifle (M16) Bar.

16.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in three campaigns during his service in Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase III, TET Counteroffensive, and Vietnam Counteroffensive Phase IV.

17.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to Company B, 5th Special Forces Group (Airborne) in Vietnam, the unit was cited for award of the Presidential Unit Citation by Headquarters, Department of the Army, General Orders Number 45, 1969.  This document also shows the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 70, 1969.

18.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to Company B, 5th Special Forces Group (Airborne) in Vietnam, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 48, 1971.


19.  Army Regulation 600-8-22, Paragraph 8-6, provides for award of the Combat Infantryman Badge.  That paragraph states that 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.  This document provides additional specific eligibility requirements for the Combat Infantryman Badge, showing that a Soldier must be an Army infantry or special forces officer in the grade of colonel or below, or an Army enlisted Soldier or warrant officer with an infantry or special forces MOS, who subsequent to 6 December 1941 has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  However, this document specifies that, "eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized".

20.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service.

21.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

22.  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.  This document also shows that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with award of the Bronze Star Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.





23.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

24.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is 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 the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

25.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is worn on the Vietnam Service Medal to denote an additional award for participation in a campaign.

26.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

27.  Army Regulation 600-8-22, in pertinent part, states that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

28.  Army Regulation 600-8-200 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese government as a unit award for meritorious service.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge, Good Conduct Medal, and Republic of Vietnam Gallantry Cross because his service as a special forces Soldier in Vietnam, as documented in his military personnel service records, entitles him to these awards.

2.  Evidence of records shows that the applicant did not possess the requisite military occupational specialty (i.e., infantryman) necessary to be eligible for award of the Combat Infantryman Badge while serving in Vietnam.  The applicant was a special forces Soldier while serving in Vietnam and Army regulatory guidance specifically precludes retroactive award of the Combat Infantryman Badge to special forces Soldiers (less the special forces medical sergeant) prior to 20 December 1989.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

3.  General Orders awarded the applicant the Good Conduct Medal.  Therefore, he is entitled to have his records corrected to show this award.

4.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

5.  General Orders awarded the applicant the Bronze Star Medal for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 17 March 1968.  Therefore, he is entitled to correction of his records to show award of the Bronze Star Medal with "V" Device.

6.  Special Orders awarded the applicant the Parachutist Badge. Therefore, it would be appropriate to correct his records to show this badge.

7.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Pistol (.45) Bar. Therefore, it would be appropriate to correct his records to show this badge.

8.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M16) Bar. Therefore, it would be appropriate to correct his records to show this badge.

9.  Records show that the applicant served in three campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of three bronze service stars to be affixed to his Vietnam Service Medal.
10.  General Orders awarded the applicant's unit the Presidential Unit Citation.  Therefore, it would be appropriate to correct his records to show this unit award.

11.  General Orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show this unit award.

12.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

13.  Records show that the applicant served a total of 6 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of one Overseas Service Bar.

14.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 May 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
26 May 1971.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___LE ___  __PMS__  __LGH__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION









BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the following corrections of the applicant's DD Form 214.

	     Item 24:  Delete:  Vietnam Service Medal

	     Item 24:  Add:	Good Conduct Medal, Bronze Star Medal with "V" 					Device, Vietnam Service Medal with 3 bronze service 					stars, Parachutist Badge, Expert Marksmanship 					Qualification Badge with Pistol (.45) and Rifle (M16)					Bars, Presidential Unit Citation, Meritorious Unit 					Commendation, Republic of Vietnam Gallantry Cross 					with Palm Unit Citation, Republic of Vietnam Civil 					Actions Honor Medal First Class Unit Citation, and 					one Overseas Service Bar.

2.  The Board further determined that 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 award of the Combat Infantryman Badge.




_____   Lester Echols_________          				CHAIRPERSON




INDEX

CASE ID
AR20050001071
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20050929
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680527
DISCHARGE AUTHORITY
AR 635200, Chapter 5
DISCHARGE REASON
Separation of Overseas Returnee
BOARD DECISION
GRANT - PARTIAL
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
107.0111.0000
2.
107.0056.0000
3.
107.0094.0000
4.

5.

6.