RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 July 2007
	DOCKET NUMBER:  AR20070004010 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jerome L. Pionk

Member

Mr. John G. Heck

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 correction of his records to show award of the Army Commendation Medal with V Device, the Army Commendation Medal for service, the Jungle Expert Award, and completion of the Jungle Operations Training Course.

2.  The applicant states that the information on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect his full service and that during his service in 1971, he assumed everything was correct.

3.  The applicant provides a copy of the order and certificate awarding him the Army Commendation Medal for Valor, a copy of the order, certificate, and citation awarding him the Army Commendation Medal (first oak-leaf cluster), a copy of the permanent change of station (PCS) orders assigning him to the Republic of Panama, and a copy of the certificate of completion of Jungle Operations Training Course.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 12 December 1971, the date of his transfer to the United States Army Reserve Control Group.  The application submitted in this case is dated 7 March 2007.

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.  Records show that the applicant was inducted into the Army of the United States on 4 June 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  Records show that he served with Company E, 1st Battalion, 27th Infantry, 25th Infantry Division (Light) in the Republic of Vietnam during the period 13 December 1970 through 11 December 1971.  The applicant was honorably discharged on 12 December 1971.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Army Commendation Medal, the M-16 Sharpshooter Marksmanship Qualification Badge, and the Pistol Expert Marksmanship Qualification Badge.

5.  Item 24 of the applicant's DD Form 214 does not show award of the Army Commendation Medal for Valor or the Jungle Expert Badge.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded the Army Commendation Medal with "V" Device.  Item 41 does not show award of the Jungle Expert Badge.

7.  Headquarters, II Field Force Vietnam, General Orders Number 840, dated 23 March 1971 show the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 5 February 1971.

8.  Headquarters, United States Army Support Command, Da-NANG, General Orders Number 753, dated 22 December 1971, show the applicant was awarded the Army Commendation Medal (first oak-leaf cluster) for meritorious service in support of military operations against communist aggression in the Republic of Vietnam during the period December 1970 through December 1971.

9.  Review of the applicant's records indicates entitlement to an additional award and decoration that are not shown on any of his DD Forms 214.

10.  United States Army, Edgewood Arsenal, Special Orders Number 265, dated 28 September 1970 show the applicant was awarded the Expert Marksmanship Qualification Badge with M60 Machine Gun on 26 September 1970.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

12.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase VII, Consolidation I, and Consolidation II campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

15.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that combat and special skill badges are awarded to denote proficiency in performance of duties under hazardous conditions and circumstances of extraordinary hardship as well as special qualifications and successful completion of prescribed courses of training.  Only those badges which are awarded in recognition of military activities are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.

18.  Army Regulation 635-5, (Personnel Separations) governs the requirements for listing military education on the DD Form 214.  In pertinent part, the regulation states formal in-service (full-time attendance) training courses successfully completed are listed to assist the Soldier in job placement and counseling, and training courses for combat skills are not listed.  The source documents for preparation of DD Form 214 are the Soldiers DA Form 2-1. 

19.  Army Regulation 600-8-104 (Military Personnel Information Management/Records), then in effect, provided specific guidance for updating the DA Form 2-1 (Personnel Qualification Record).  This regulation stated that an entry would be made in Item 17 (Civilian Education and Military Schools) of the DA Form 2-1 for the successful completion of each formal course of instruction resulting in the award of a special skill identifier/military occupational specialty which makes a direct contribution to the proficiency in a particular special skill identifier (SSI)/MOS.  This regulation further stated that an entry would be made for successful completion of any course of instruction conducted under military sponsorship or direction, if attendance equals or exceeds 40 hours.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant's was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 5 February 1971.  Therefore, he is entitled to correction of his records to show this award.

2.  Orders show the applicant's was awarded the Army Commendation Medal (first oak-leaf cluster) for meritorious service in the Republic of Vietnam during the period December 1970 through December 1971.  Therefore, he is entitled to correction of his records to show this award. 

3.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with the M-60 Machine Gun.  Therefore, he is entitled to correction of his record to show this award.

4. Orders show the applicant was awarded the Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record to show this award.

5.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

6.  Evidence of record confirms that the applicant served honorably during the period 4 June 1970 through 12 December 1971.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

7.  Records show that the applicant served in the Republic of Vietnam during the period 13 December 1970 through 11 December 1971.  Therefore he is entitled to award correction of his records to show award of the Republic of Vietnam Campaign Medal.

8.  The applicant contends that he is entitled to award of the Jungle Expert Badge and to have his DD Form 214 corrected to show he completed the Jungle Operations Training Course and was awarded the Jungle Expert Badge.  The Jungle Operations Training Course is a combat-skills producing course and is not entered on the DD Form 214.  Until 1999, the United States Army operated the Jungle Operations Training Course at Fort Sherman, Republic of Panama.  Graduates of the course received an unofficial Jungle Expert Badge.  Army Regulation 600-8-22 does not recognize the Jungle Expert Badge as an authorized badge for wear on the uniform; it is also not authorized for inclusion on the DD Form 214.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 December 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 11 December 1974.  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 

__lds___  __jlp___  __jgh___  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 Army Commendation Medal with "V" Device, the Army Commendation Medal (first oak-leaf cluster), the Expert Marksmanship Qualification with the M-60 Badge, the Vietnam Gallantry Cross with Palm Unit Citation, three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Army Good Conduct Medal, and the Republic of Vietnam Campaign 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 the Jungle Expert Award and the Jungle Operations Training Course. 



						Linda D. Simmons
______________________
          CHAIRPERSON



INDEX

CASE ID
AR20070004010
SUFFIX

RECON

DATE BOARDED
20070726
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.