RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  4 December 2007

	DOCKET NUMBER:  AR20070008495 


	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

Ms. Judy Blanchard

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. James R. Hastie

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, in effect, that the Good Conduct Medal (GCM), the Vietnam Service Medal (VSM) with Bronze Service Stars, the Combat Infantryman Badge (CIB), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Mortar Bar (81mm), the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, the RVN Campaign Medal, and any awards his unit was authorized, be added to his DD Form 214 (Armed Forces of the United Stated Report of Transfer or Discharge).

2.  The applicant states, in effect, that these awards were not annotated on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214; a copy of Headquarters, 82nd Airborne Division General Orders Number 346, dated 14 December 1967; and a copy of his DA Form 20 (Enlisted Qualification Record) in support of his application.

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's record shows that he was inducted into the Army of the United States on 3 December 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). The highest grade he attained was pay grade E-3.



3.  The applicant's DA Form 20 shows that he served in the RVN from 6 June 1966 to 5 June 1967 and during this period he was assigned to the 1st Logistical Command Security Platoon, performing duties in MOS 11C, Security Guard.  

4.  Item 39 (Campaigns) of the applicant's DA Form 20 shows he participated in the RVN Counteroffensive Campaign while assigned to the RVN.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure:  the Parachutist Badge, the VSM, the National Defense Service Medal (NDSM), the Republic Vietnam Campaign Medal (RVCM) with Device (1960), one Overseas Service Bar, and the Expert Marksmanship Qualification Badge with Mortar Bar (81mm).

6.  On 1 December 1967, the applicant was honorably discharged after completing 1 year, 11 months, and 29 days of active military service.

7.  Special Orders Number 19, Headquarters, United States Army Training Center, Fort Benning, Georgia, dated 25 January 1966 show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  General Orders Number 346, Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, dated 14 December 1967, shows that the applicant was awarded the GCM for the period 3 December 1965 to 2 December 1967.

9.  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 military occupational specialty (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 (formerly known as the Total Army Personnel Command) has advised, in similar cases, which during the Vietnam era the Combat Infantryman Badge were awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  Army Regulation 600-8-22, paragraph 2-13 provides guidance on the Vietnam Service Medal.  It states, in pertinent part, that one bronze service star is authorized for wear with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  Appendix B, Table B-1 contains a list of RVN campaigns, and it shows that during the applicant’s tenure 
of assignment in the RVN he was credited with participating in the Vietnam Counteroffensive, the Vietnam Counteroffensive Phase II, and the Vietnam Counteroffensive Phase III Campaigns. 

11.  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide 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 to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

13.  Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned, the 1st Logistical Support Command, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 by Department of the Army General Orders (DAGO) Number 8, dated 1974.

14.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the GCM, CIB, the VSM with 2 or 3 bronze service stars, the RVNCM, the RVN Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Mortar Bar (81mm), and any awards his unit was authorized, be added to his DD Form 214. 
2.  General Orders Number 346, dated 14 December 1967 show that the applicant was awarded the GCM during the period from 3 December 1965 to
2 December 1967 which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

3.  DAGO Number 8, dated 1974 show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

4.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded VSM.

5.  Records shows that he served in an infantry MOS; however, the applicant's records are absent evidence that he served in an active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size and the applicant has failed to provide any such evidence in support of his claim.  Therefore, he is not entitled to award of the CIB.

6.  Records show that the applicant was awarded the RVNCM with Device (1960).  Therefore, he is entitled to correction of his records to show this award.

7.  Records show the applicant completed two periods of qualifying active federal service in the Republic Vietnam.  Therefore, he is eligible for award of a second Overseas Service Bar.

8.  Records show that the applicant was awarded the Expert Marksmanship Qualification Badge with Mortar Bar (81mm).  Therefore, he is entitled to correction of his records to show this award.

9.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________ GRANT FULL RELIEF 

__LDS__  ___ECP _  ___JRH__  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 showing the award of the GCM for the period 3 December 1965 to 2 December 1967, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, 3 bronze service stars affixed to his already-awarded VSM, the RVNCM w Device (1960), two Overseas Service Bars, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Mortar Bar (81mm).
 
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.




    ___Linda D. Simmons     __
          CHAIRPERSON





INDEX

CASE ID
AR20070008495
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/12/04
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
Ms. Mitrano
ISSUES         1.

2.

3.

4.

5.

6.