RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007 
	DOCKET NUMBER:  AR20060012755 


	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, in effect, that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 1 August 1969 Separation Document (DD Form 214) be corrected by adding the Combat Infantryman Badge (CIB), Army Good Conduct Medal (AGCM), RVN Gallantry Cross with Palm Unit Citation, Driver's Badge, Marksmanship Qualification Badge with Rifle Bar, Marksmanship Qualification Badge with Machinegun, Grenade Launcher and Pistol Bars; and that Item 25 (Education and Training Completed) be corrected by adding the Military Police (MP) School. 

2.  The applicant states, in effect, that his completion of the MP School and his receipt of the awards in question are not properly annotated on his DD Form 214, and he now requests his separation document be corrected accordingly.

3.  The applicant provides the following documents in support of his application: DD Form 214;, Authorization for Issuance of Awards; Headquarters, Americal Division, Special Orders Number 309, dated 4 November 1968; Headquarters, 197th Infantry Brigade, General Orders Number 115, dated 8 August 1969; Headquarters, 4th Training Brigade, United States Army Training Center (USATC), Special Orders Number 197, dated 21 November 1967; Headquarters, 4th Training Brigade USATC, Special Orders Number 194, dated 17 November 1967; Headquarters, 4th Training Brigade, USATC, Special Orders Number 177, dated 26 October 1967; Certificate of Training; and Advanced Individual Training Proficiency Report (DA Form 2890).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 1 August 1969, the date of his separation.  The application submitted in this case is dated 29 August 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 records show he was initially inducted into the Army and entered active duty on 2 August 1967.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 1 January 1968 through 22 December 1968.  It also shows that during his RVN tour, he was assigned to Company A, 123rd Aviation Battalion, performing duties in MOS 11B as a machine gunner.  

5.  Item 29 (Qualification in Arms) shows the applicant was awarded the Sharpshooter Qualification Badge with Rifle (M-14) Bar and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.  It also shows he failed to qualify with the .45 caliber pistol and that he only fired the M-79 Grenade Launcher and M-60 Machinegun for familiarization and not qualification for badges.  

6.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure: Vietnam Service Medal; Air Medal; Aircraft Crewman Badge; Republic of Vietnam Campaign Medal with 1960 Device; 
Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar; and 
2 Overseas Service Bars. 

7.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders, or other documents that show he was ever recommended for or awarded the CIB or Driver's Badge by proper authority while serving on active duty.  

8.  The MPRJ does contain a Certificate of Training, which shows he successfully completed Advanced Individual MP Training on 1 December 1967.  The applicant's MPRJ also contains Headquarters, 197th Infantry Brigade, Fort Benning, Georgia, General Orders Number 115, dated 8 August 1969.  These orders awarded the applicant the Army Good Conduct Medal (AGCM) for his honorably period of qualifying active duty service from 2 August 1967 through 
1 August 1969.  

9.  The MPRJ also contains Headquarters, 2nd Training Brigade, United States Army Training Center (USATC), Fort Gordon, Georgia, Special Orders Number 124, dated 18 September 1967, which awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar; and Headquarters, 
4th Training Brigade, USATC, Special Orders Number 197, dated 21 November 1967, which awarded him the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

10.  The applicant's record also contains Headquarters, 4th Training Brigade, USATC, Special Orders Number 185, dated 6 November 1967, which confirms the applicant failed to qualify with the .45 caliber Pistol; and Headquarters, 4th Training Brigade, USATC, Special Orders 177, dated 26 October 1967, which show he fired the M-79 Grenade Launcher for familiarization purposes only.  

11.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each RVN campaign a member is credited with participating in.  It also stipulates that a silver service star is used in lieu of five bronze service stars to denote participation in five campaigns. 
This publication further shows that during his tenure of assignment, campaign credit was granted for the following five campaigns:  Vietnam Counteroffensive Phase III; TET Counteroffensive; Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase V; and Vietnam Counteroffensive Phase VI.

12.  Chapter 8 of the awards regulation contains guidance on award of combat badges.  It states, in pertinent part, that in order to support award of the CIB, the member must hold an infantry MOS, must serve in a qualifying infantry unit of brigade, regimental or smaller size, and must have been personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with hostile forces.  In order to qualify for the CIB, a Soldier must be an Army infantry or special forces (11 or 18 specialty) in the grade of colonel or below, or an Army enlisted Soldier or warrant officer with an infantry or special forces MOS, who 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, to close with and destroy the enemy with direct fires.

13.  Paragraph 8-31 of the awards regulation contains guidance on the Driver's Badge.  It states, in pertinent part, that the basic Driver Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  It further states, in pertinent part that to receive award of the drivers badge a Soldier must qualify for and possess a current U.S. Government Motor Vehicles Operator's Identification Card (OF 346), be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months, or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her Equipment Operator's Qualification Record (DA Form 348-1-R), or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.
14.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains preparation instructions of the DD Form 214.  It states that the source documents for DD Form 214 entries are the ORB, Personnel Qualification Record and all other documents on file in the OMPF.  

16.  The DD Form 214 instructions contained in the separation documents for Item 13 of the DD Form 214 state to list all awards and decorations for all periods of service in the priority sequence specified in the awards regulation.  It further states that each entry will be verified by the Soldier's records.  The Item 25 instructions state to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  It further indicates that this information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the AGCM for his period of service from 2 August 1967 through 1 August 1969, as evidenced by Headquarters, 197th Infantry Brigade, Fort Benning, Georgia, General Orders Number 115, dated 8 August 1969.  Therefore, it would be appropriate to add this award to his record at this time.

2.  The record also confirms that based on his service and campaign participation in the RVN, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation and 1 silver service star to be affixed to his Vietnam Service Medal.  Further, orders on file in his MPRJ confirm he qualified as an expert with both the M-14 and M-16 rifles.  Therefore, it would be appropriate to add the Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar to his separation document.  


3.  The applicant's contention that his MP course should be added to Item 25 (Education and Training Completed) of his DD Form 214 was also carefully considered and found to have merit.  The evidence of record confirms the applicant completed Advanced Individual MP Training on 1 December 1967, as evidenced by a Certificate of Training contained in his MPRJ.  Therefore, it would be appropriate to add this course to his record and separation document at this time.  

4.  The applicant’s contention that he is entitled to the CIB was also carefully considered.  However, there is insufficient evidence to support this claim.  By regulation, in order to support award of the CIB, there must be evidence not only that the member held an infantry MOS and served in a qualifying infantry unit, but also that he was present with the unit at a time when it engaged enemy forces in active ground combat, and that he actively participated in such ground combat.  

5.  The evidence of record in this case, while showing the applicant held an infantry MOS, does not confirm he served in a qualifying infantry unit and was present with that qualifying infantry unit while it was engaged in active ground combat with enemy forces, as is required by regulation.  The CIB is not included in the list of awards contained on his DA Form 20, or in the list of authorized awards entered on his DD Form 214, which he authenticated with his signature on the date of his separation for retirement.  This signature, in effect, was his verification that the information contained on the separation document, to include the list of awards, was correct at the time it was prepared and issued.  Absent any evidence confirming his active participation in ground combat with a qualifying infantry unit, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  

6.  The applicant's claim of entitlement to award of the Driver's Badge was also carefully considered.  However, his records are void of any orders or other documents confirming he met the qualifications for or that he was ever recommended for or awarded the Driver's Badge by proper authority while serving on active duty.  Therefore, there is insufficient evidence to support granting this portion of the requested relief.  

7.  In addition, the applicant's contention that he is entitled to marksmanship badges based on his qualification with the M-60 machinegun, M-79 grenade launcher, and .45 caliber pistol was carefully considered.  However, his record is void of any orders showing he met the qualifications for entitlement to these badges.  Therefore, it would be inappropriate to add them to his record at this time.

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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 24 of his DD Form 214 by adding the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-16 & M-14) Bar, and 1 silver service star to be affixed to his Vietnam Service Medal; by amending Item 18 by adding the entry "Advanced Individual Military Police Training, 8 weeks, Fort Gordon, Georgia, 1967"; and by providing him a correction to his separation document that includes these changes.  

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, Driver's Badge, and of the Marksman Qualification Badge based on his qualification with the machinegun (M-60), grenade launcher (M-79), and .45 caliber pistol.  




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          CHAIRPERSON

INDEX

CASE ID
AR20060012755
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/26
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1969/08/01/
DISCHARGE AUTHORITY
AR635-200 . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT-Partial
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107
2.

3.

4.

5.

6.