RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  2 August 2007
	DOCKET NUMBER:  AR20070004355 


	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:


Mr. Curtis Greenway

Chairperson

Mr. Robert W. Soniak

Member

Ms. Karmin S. Jenkins

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 Bronze Star Medal, the Air Medal (4th Award), the Combat Infantryman Badge (CIB), the Vietnam Campaign Medal, and completion of the armor course [sic]. 

2.  The applicant states that he served with the reconnaissance team rather than the armor team of B Troop, 1st Squadron, 9th Cavalry, 1st Cavalry Division in the Republic of Vietnam.

3.  The applicant provides a copy of the certificate awarding him the Bronze Star Medal, a copy of the certificate awarding the Air Medal, a copy of a diploma from the Armor Noncommissioned Officer Candidate Course, a photocopy page of three photographs, and a two-page letter in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 10 February 1971, the date of his transfer to the United States Army Reserve Control Group.  The application submitted in this case is dated 14 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.  The applicant's records show that the applicant was inducted into the Army of the United States on 26 June 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).

4.  On 25 November 1969, the applicant was assigned to Company A (Student), 4th Battalion, School Brigade, United States Army Armor School, Fort Knox, Kentucky, where he completed the Armor Noncommissioned Officer Candidate Course (11D4O), graduating on 3 March 1970.


5.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the Republic of Vietnam during the period 1 June 1970 through 31 May 1971.  However, Item 38 (Record of Assignment) of the applicant's DA Form 20 shows that the applicant arrived in the Republic of Vietnam on 1 June 1970 and served with B Troop, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division, during the period 1 June 1970 through 24 September 1970, when he was medically evacuated.

6.  Records do not show what happened to the applicant during his tour in the Republic of Vietnam to cause his medical evacuation.  The applicant's records do show that, on 24 September 1970, he was admitted as a patient at the U.S. Army Hospital, Camp Zama, Japan.  He was further admitted as a patient on 30 September 1970 at Reynolds Army Hospital, Fort Sill, Oklahoma, until he was honorably discharged on 10 February 1971.

7.  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, the Vietnam Service Medal, and a Sharpshooter [Marksmanship] Qualification Badge.

8.  Item 24 of the applicant's DD Form 214 does not show award of the Bronze Star Medal, the Air Medal, the Combat Infantryman Badge (CIB), or the Vietnam Campaign Medal.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded the National Defense Service Medal and the Vietnam Service Medal.

10.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 shows he was awarded MOS 11D and Item 38 (Record of Assignments) of his DA Form 20 shows he served in MOS 11D during his tour in the Republic of Vietnam.

11.  Headquarters 1st Cavalry Division, General Orders Number 17611, dated 29 September 1970 show the applicant was awarded the Bronze Star Medal for meritorious service, not involving participation in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam during the period June 1969 [sic] through September 1970.  The applicant did not arrive in Vietnam until 1 June 1970.


12.  Headquarters 1st Cavalry Division, General Orders Number 17604, dated 29 September 1970 show the applicant was awarded the Air Medal (4th Award) for meritorious achievement while participating in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam during the period June 1970 through September 1970.

13.  The two-page letter written in support of the applicant’s request states, in effect, that the applicant was constantly exposed to enemy fire and that his loss of hearing is a result of constant exposure to noise related to helicopters and enemy fire. 

14.  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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

15.  Item 25 (Education and Training Completed) of the applicant's DD Form 214 does not show completion of the Armor Noncommissioned Officer Candidate Course (11D4O).  However, the applicant's records show that he successfully completed the Armor Noncommissioned Officer Candidate Course (11D4O) at the United States Army Armor School, Fort Knox, Kentucky, on 3 March 1970. 

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.  The 6-month period of service is not required for individuals who were wounded by hostile forces; killed in action or otherwise in line of duty; or captured by hostile forces.

17.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

18.  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.

19.  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.

20.  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 42, dated 1972.

21.  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.

22.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the DA Sanctuary Counteroffensive and the Vietnam Counteroffensive Phase VII 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.

23.  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 document for preparation of the DD Form 214 is the Soldier's DA Form 2-1.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.  However, this order incorrectly shows the period of service covered by the award as June 1969 through September 1970.  The correct period of service is June 1970 through September 1970.  Therefore, he is entitled to correction of his records to show this award and correction of the order to show the correct dates the award covers.

2.  Orders show the applicant was awarded the Air Medal (4th Award) for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period June 1970 through September 1970.  Therefore, he is entitled to correction of his records to show this award. 

3.  The applicant's contention that he is entitled to award of the CIB was carefully considered; however, it cannot be granted in accordance with governing regulations.  Records show that the applicant was awarded the MOS 11D following completion of Advanced Individual Training.  Records also show he served in the Republic of Vietnam as an armor reconnaissance specialist.  As a result, the applicant does not meet the criteria for award of the CIB.  In the absence of evidence to the contrary, there is no basis upon which to grant the relief requested.

4.  Records show that the applicant served in the Republic of Vietnam during the period 1 June 1970 through 24 September 1970.  This service does not meet the 6-month time requirement set forth in Army regulations and it cannot be determined that he was medically evacuated for combat wounds.  Therefore, he is not entitled to correction of his records to show award of the Republic of Vietnam Campaign Medal.

5. 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.

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

7.  Evidence of record confirms that the applicant served honorably during the period 26 June 1969 through 10 February 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.

8.  Records show that the applicant has successfully completed the Armor Noncommissioned Officer Candidate Course (11D4O).  Therefore, he is entitled to correction of his records to show completion of this course.

9.  Since the preponderance of evidence shows the applicant served in the Republic of Vietnam from 1 June 1970 through 31 May 1971, the existing entry in Item 30 (Remarks) of the DD Form 214 concerning the applicant's Vietnam service is in error.  Therefore, the applicant is entitled to correction of his DD Form 214 in Item 30 to read "VIETNAM SERVICE:  1Jun70 – 24Sep70."

10.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 February 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 February 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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__clg___  __rws___  __ksj___  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.  amending his order for the Bronze Star Medal to show his qualifying dates of service as June 1970 to September 1970;

	b.  awarding him the Good Conduct Medal for the period 26 June 1969 to 10 February 1971; and

	b.  providing him a DD Form 215 (Correction to DD Form 214) showing award of the Bronze Star Medal, the Air Medal, the Vietnam Gallantry Cross with Palm Unit Citation, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Army Good Conduct Medal, his Vietnam service from 1 June 1970 to 24 September 1970, and his completion of the Armor Noncommissioned Officer Candidate Course (November 1969 – March 1970).
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 and the Vietnam Campaign Medal. 



						Curtis Greenway
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004355
SUFFIX

RECON

DATE BOARDED
20070802
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.