RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060011186 


	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.


x

	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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB), the Aircraft Crewmember Badge (First Oak Leaf Cluster), and the Air Medal (Second Oak Leaf Cluster).

2.  The applicant states, in effect, that the omission of the oak leaf clusters and the CIB were oversights at the time of his discharge.  He states he participated in the Vietnam Counteroffensive Campaign while he worked in his primary military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was then assigned MOS 67A1F (Aircraft Maintenance Apprentice) for the rest of his tour.

3.  The applicant provides a copy of his DD Form 214; a personal statement; and a copy of his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 19 December 1968.  The application submitted in this case is dated 31 July 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.  After having had prior service in the U.S. Army Reserve, the applicant was inducted into the Army on 17 May 1967.  He completed basic combat training at Fort Jackson, South Carolina and was reassigned to Fort Polk, Louisiana for advanced individual training in MOS 11B.  He was awarded MOS 11B on 22 September 1967.

4.  The applicant was assigned to Vietnam on 20 October 1967 with Headquarters and Headquarters Company, 1st Battalion, 27th Infantry, 25th Infantry Division as a rifleman.  He was assigned to Company B, 1st Battalion, 27th Infantry, 25th Infantry Division on 31 October 1967 and served as an ammunition bearer.

5.  He was promoted to specialist four on 25 December 1967.

6.  Item 38 (Record of Assignments) on the applicant’s DA Form 20 shows he was reassigned to Company A, 25th Aviation Battalion, 25th Infantry Division on 13 March 1968 as a door gunner.

7.  The applicant was awarded the Air Medal with “V” Device for action on 15 March 1968 by Headquarters, 25th Infantry Division General Orders Number 2070, dated 31 March 1968.

8.  The applicant was awarded the Air Medal (Basic) for meritorious achievement from 14 March 1968 to 22 March 1968 by Headquarters, 25th Infantry Division General Orders Number 3517, dated 11 May 1968.

9.  Headquarters, 25th Infantry Division Special Orders Number 145, dated 24 May 1968, awarded the applicant the permanent award of the Aircraft Crewmember Badge.  Item 41 (Awards and Decorations) on his DA Form 20 erroneously shows the entry “ACB (1st OLC).”

10.  Headquarters, 25th Infantry Division Special Orders Number 146, dated 25 May 1968 awarded the applicant primary MOS 67A1F and withdrew his primary MOS 11B2O.

11.  The applicant’s General Orders Number 3517, dated 11 May 1968, were amended on 11 June 1968 to show he was awarded the Air Medal (First Oak Leaf Cluster) instead of the Air Medal (Basic).

12.  The applicant was awarded the Air Medal with “V” Device for action on 2 June 1968 by Headquarters, 25th Infantry Division General Orders Number 5176, dated 17 July 1968.

13.  The applicant was awarded the Air Medal with “V” Device (Second Oak Leaf Cluster) for action on 19 June 1968 by Headquarters, 25th Infantry Division General Orders Number 5426, dated 28 July 1968.

14.  The applicant departed Vietnam on or about 18 December 1968 and was credited with participation in the Vietnam Counteroffensive Phase III Campaign and the Tet Counteroffensive Campaign.

15.  The applicant was honorably released from active duty on 19 December 1968.  He completed 1 year, 7 months, and 3 days of active military service with no days of lost time.  

16.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Aircraft Crewmember Badge, the Vietnam Service Medal, the Air Medal, and the Army Commendation Medal.

17.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.

18.  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 the 1st Battalion, 27th Infantry, 25th Infantry Division, it 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 (DAGO) Number 51, dated 1971.

19.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 27th Infantry, 25th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, DAGO Number 5, dated 1973.

20.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 25th Aviation Battalion, 25th Infantry Division, it was cited for award of the Meritorious Unit Commendation by Headquarters, DAGO Number 36, dated 1970.

21.  Army Regulation 600-8-22 (Military Awards) 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 U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

22.  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.  The regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  

23.  Army Regulation 600-8-22 states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations and unit awards.  An oak leaf cluster is not authorized for wear on badges.  

24.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

25.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed infantry training and was awarded MOS 11B.  Although he was assigned to an infantry unit in Vietnam, there is no evidence of record which indicates he served in active ground combat while assigned to this unit.  Therefore, he has not met the requirements for award of the CIB.  

2.  Special orders show the applicant was awarded the permanent award of the Aircraft Crewmember Badge and this badge is properly reflected on his DD Form 214.  

3.  The applicant’s request for award of the Aircraft Crewmember Badge (First Oak Leaf Cluster) is noted.  However, based on the Military Awards regulation, a bronze oak leaf cluster is not authorized for wear on badges.  His DA Form 20 erroneously reflects the entry “ACB (1st OLC).”  In addition, there is no evidence of record which indicates the applicant was awarded a second award of the Aircraft Crewmember Badge.  Therefore, there is no basis for granting his request.

4.  General orders show the applicant was awarded four awards of the Air Medal; three for valor and one for meritorious achievement.  Therefore, it would be appropriate to amend his DD Form 214 to show the Air Medal with Numeral “4” with “V” Device.

5.  The applicant's service record shows he received conduct and efficiency ratings of "excellent" throughout his period of service.  It appears the applicant has met the eligibility requirements for the first award of the Army Good Conduct Medal for the period 17 May 1967 through 19 December 1968.

6.  The applicant received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show he is entitled to two bronze service stars for wear on his Vietnam Service Medal.

7.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.  Therefore, these awards should be added to his DD Form 214.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 December 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
18 December 1971.  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 

x______  x_____ x______  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:

	a.  awarding him the Army Good Conduct Medal for the period 17 May 1967 through 19 December 1968; and 

	b.  amending his DD Form 214 to show award of the Air Medal with Numeral “4” with “V” Device, the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 CIB and the Aircraft Crewmember Badge (First Oak Leaf Cluster).  




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          CHAIRPERSON




INDEX

CASE ID
AR20060011186
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0000
2.

3.

4.

5.

6.