RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 November 2007
	DOCKET NUMBER:  AR20070008105 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Donald L. Lewy

Member

Ms. Rea M. Nuppenau

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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Silver Star and the “Combat Medal” (in effect, the Combat Infantryman Badge).  He also requests that his attendance at the Flame Thrower School and his certification in the LAW (light antitank weapon) be added to his DD Form 214.

2.  The applicant states that his DD Form 214 is incomplete.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant requested correction of his records to show award of the Silver Star.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Silver Star under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

3.  The applicant was inducted into the Army on 18 June 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  Item 27 (Military Education) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he completed the Combat Leadership Course in 1970.  It does not show he attended a Flame Thrower School or completed LAW training.  There is no other evidence of record to show he attended/completed this school/training.

5.  The applicant arrived in Vietnam and was assigned to Company A, 1st Battalion, 27th Infantry, 25th Infantry Division on 20 November 1969.

6.  Headquarters, 25th Infantry Division General Orders Number 10585, dated  27 October 1970, awarded the applicant the Air Medal.

7.  The applicant departed Vietnam on 6 November 1970 after being credited with participation in three campaigns.

8.  The applicant was released from active duty on 17 June 1971.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the “Civil Action Medal,” the Army Commendation Medal, the Army Good Conduct Medal, the Marksman Marksmanship Qualification Badge (Rifle M-16), and the Sharpshooter Marksmanship Qualification Badge (Rifle M-14).

9.  Item 25 (Education and Training Completed) of the applicant’s DD Form      214 contains the entry, “None.”

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and who actively participates in such ground combat.  

11.  Army Regulation 600-8-22 provides for award of the Air Medal to any person who will have distinguished himself while participating in aerial flight.  It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  However, it may also be awarded to personnel whose combat duties require them to fly in the attack elements of units involved in airland assaults against an armed enemy.  

12.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

13.  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, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1968 by Department of the Army General Orders (DAGO) Number 5, dated 1973.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 27th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 June 1968 through 21 June 1970 by DAGO Number 51, dated 1971.

15.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time stated that installation training courses, military correspondence courses, and off-duty courses an enlisted person had completed successfully during the period covered by the DD Form 214 being prepared would be entered in item 25.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal.  As an infantryman, he would not have been awarded the Air Medal unless his combat duties required him to fly in the attack element of a unit involved in airland assaults against an armed enemy. Therefore, it appears he met the eligibility criteria for award of the Combat Infantryman Badge.  Both these awards should be added to his DD Form 214.  

2.  The applicant was credited with participation in three campaigns in Vietnam, not two.  Therefore, his DD Form 214 should be amended to reflect award of the Vietnam Service Medal with three bronze service stars.

3.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (presumably the same as the ”Civil Action Medal” listed on his DD Form 214).  His DD Form 214 should be amended to add these awards.

4.  There is no evidence of record and the applicant provided none to show he attended a Flame Thrower School or completed LAW training.  Therefore, there is insufficient evidence that would warrant adding these courses to his DD Form 214.  However, he did complete the Light Weapons Infantryman course and the Combat Leadership course.  As there was no prohibition at the time about listing combat skills on the DD Form 214, these two courses should be added to his  DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ena___  __dll___  __rmn___  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:

     a.  deleting the Vietnam Service Medal with two bronze service stars and the “Civil Action Medal” from his DD Form 214;

     b.  adding the Combat Infantryman Badge, the Air Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214; 

     c.  deleting the entry “None” from item 25 of his DD Form 214; and 

     d.  adding “Light Weapons Infantryman (1969)” and “Combat Leadership Course (1970)” to item 25 of his DD Form 214.

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 adding Flame Thrower School or LAW training to his DD Form 214.




	__Eric N. Andersen____
          		CHAIRPERSON



INDEX

CASE ID
AR20070008105
SUFFIX

RECON

DATE BOARDED
20071120
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0111
2.
100.07
3.

4.

5.

6.