RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060006901 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Marla J. N. Troup

Chairperson

Mr. John G. Heck

Member

Mr. Donald L. Lewy

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, in effect, that he be awarded the:  Presidential Unit Citation (PUC), per Department of the Army General Orders (DAGO) Number 60, dated 1969; the Valorous Unit Citation (VUC) (sic – Valorous Unit Award) per DAGO Number 43, dated 1970, for actions during the period 6 to 12 May 1968; the Republic of Vietnam Gallantry Cross with Palm, per DAGO Number 31, dated 1969; the Vietnamese (Republic of Vietnam) Civil Actions Honor Medal First Class, Unit Citation, per DAGO Number 59, 1969; and the Combat Infantryman Badge. 

2.  The applicant states, in effect, that he should be awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and his other awards are for service while attached to the 9th Infantry Division but no written orders were issued.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of his narrative description for award of the Vietnamese Honor Medal (2nd Class), in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 26 March 1969, the date of his release from active duty.  The application submitted in this case is dated 6 May 2006.

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 record shows he enlisted in the Regular Army on 27 March 1965.  The applicant successfully completed basic combat training and advanced individual training at Fort Dix, New Jersey.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 71A, Clerk Typist.  


4.  The applicant served in Vietnam from 4 July 1967 to 4 July 1968 with the 246th Psychological Operations Company and with the 6th Psychological Operations Battalion.  He was promoted to staff sergeant (SGT/E-5) effective 23 March 1968.  He continued to serve until he was honorably released from active duty (AD) on 26 March 1969.  He was transferred to the U.S. Army Reserve (USAR). 

5.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Air Medal, the Good Conduct Medal, the Army Commendation Medal, and the Vietnam Honor Medal (2nd Class) [Republic of Vietnam Armed Forces Honor Medal 2nd Class].  His DD Form 214 does not show any additional awards.  

6.  The applicant provides a copy of a narrative description for his award of the Republic of Vietnam Armed Forces Honor Medal, 2nd Class.  His records also contain a copy of this recommendation, which contains the same narrative, signed by the commander, 6th Psychological Operations Battalion, on 22 June 1968.  The narrative states that during the period 5 July 1967 to 1 July 1968, the applicant distinguished himself by exceptionally meritorious service while assigned to the 6th Psychological Operations Battalion, 4th Psychological Operations Group, Republic of Vietnam.  It also states that the applicant was assigned as a Field Team Leader and Field Team Non-Commissioned Officer with the US 9th Infantry Division and the 1st Infantry Division.  

7.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20 (Enlisted Qualification Record), showing he was awarded the Combat Infantryman Badge.

8.  There are no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge.

9.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows his principal duties to be those of a clerk typist, 71A10, Russian student, (09B0L63,) translator and interpreter (04B2L), and foreign language announcer (71R4W).

10.  Item 23a (Specialty Number and Title), of the applicant's DD Form 214, shows that the applicant held the MOS 71R, Broadcast Specialist, on his release from active duty.  There are no orders in the applicant's service personnel records to show the applicant was reclassified to an Infantry MOS.  


11.  The applicant's records contain a copy of orders that show he was awarded the Air Medal, (1st Oak Leaf Cluster), for meritorious achievement, while participating in aerial flight, while serving in Vietnam from 14 January 1968 to 4 May 1968.

12.  While the applicant was assigned to Vietnam he participated in four campaigns.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.   

13.  Department of the Army Pamphlet 672-3 shows that the applicant's unit, the 6th Psychological Operations Battalion, was cited for award of the Meritorious Unit Commendation, by DAGO Number 36, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 6, dated 1974.

14.  Department of the Army Pamphlet 672-3 shows the applicant was assigned to a unit subordinate to the United States Army, Vietnam, and was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

15.  Department of the Army Pamphlet 672-3 shows that the 9th Infantry Division was cited for award of the Presidential Unit Citation, by DAGO Number 60, dated 1969, and the Valorous Unit Award (VUA), by Department of the Army General Orders (DAGO) Number 43, dated 1970.  These unit awards are not shown on the applicant's DD Form 214. 

16.  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 personnel 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 [now the Human Resources 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.







DISCUSSION AND CONCLUSIONS:

1.  The applicant's narrative description and recommendation, for the Republic of Vietnam Armed Forces Honor Medal, 2nd Class, signed by the commander, dated 22 June 1968, indicate that the applicant was assigned to the 6th Psychological Operations Battalion, during the period 5 July 1967 to 1 July 1968. It also indicates that the applicant was assigned as a Field Team Leader and Field Team Non-Commissioned Officer with the US 9th Infantry Division and the 1st Infantry Division.  However, his records contain no military orders and the applicant provided none for his attachment to the 9th Infantry Division and 1st Infantry Division.  

2.  Notwithstanding the absence of orders for attachment to the 9th Infantry Division, the narrative description presented by the applicant and the recommendation, which contains the same narrative, by themselves, are sufficient evidence in this case to show that the applicant was attached to the 9th Infantry Division.  The narrative failed to reveal what company or brigade the applicant was assigned to.  

3.  The applicant's unit was cited for award of the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, and the Valorous Unit Award, while he was a member of the unit.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  There is no evidence that the applicant was awarded the Combat Infantryman Badge while he served in Vietnam.  The Combat Infantryman Badge was awarded to infantry officers and to enlisted and warrant officer persons who held an infantry MOS.  They must also have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The applicant served as a clerk typist, 71A10, Russian student, (09B0L63,) translator and interpreter (04B2L), and foreign language announcer (71R4W).
There is no evidence to show that he was reclassified into an infantry MOS prior to his release from active duty while he served in Vietnam.  He is therefore not eligible for award of the Combat Infantryman Badge and he is not eligible to have it added to his DD Form 214.

5.  The applicant was awarded the Air Medal (1st Oak Leaf Cluster).  Therefore, he is entitled to correction of his records to show this award.  



6.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  However, he participated in four campaigns and he is therefore, entitled to award of four bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 26 March 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 25 March 1972.  The applicant did not file within the 3-year statute of limitations: however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__T_____  _JGH ___  __DLL __  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 awarding the applicant The Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, the Valorous Unit Award, the Air Medal (1st Oak Leaf Cluster), and the Vietnam Service Medal with four bronze service stars.

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.  



___     Marla J. N. Troup_________
          CHAIRPERSON

INDEX

CASE ID
AR20060006901
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19690326
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY//GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.