RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 December 2007
	DOCKET NUMBER:  AR20070010940 


	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. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Jeffrey Redmann

Chairperson

Mr. John Heck

Member

Mr. Qawly Sabree

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 award of the Purple Heart (PH) and Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he does not have copies of his official records of his military service and that the NA Form 13038 (Certification of Military Service) that he was provided by the National Personnel Records Center is not accepted by civilian employers as a replacement to the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for verification of veteran's preference.

3.  The applicant did not provide supporting documentation with this 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 enlisted in the United States Army on 21 September 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67N (Helicopter Repairman).  He was honorably discharged from the Regular Army on 31 August 1969 after completing 2 years, 11 months, and 10 days of active federal service.  The highest grade the applicant attained while serving on active duty was specialist five/pay grade E-5.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 19 July 1967 to 13 July 1968 and that he was assigned to the 45th Medical Company (Air Ambulance).

4.  The applicant's DD Form 214 does show award of the PH.  The applicant's records show that General Orders Number 160, published by Headquarters, 44th Medical Brigade, dated 10 February 1968 awarded the applicant the Purple Heart for wounds received in action on 7 December 1967.

5.  The applicant's DD Form 214 does not show award of the CIB.  There are no orders in the applicant’s personnel service records, which show that he was awarded the CIB.  

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers, warrant officers and enlisted Soldiers who have an infantry military occupational specialty (MOS). The three requirements for award of the Combat Infantryman Badge are the Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army Soldier must have satisfactorily performed infantry duties 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.  A recipient must be personally present and under hostile fire while serving in an assigned infantry unit, while the unit is actively engaged in ground combat with the enemy.

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

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that during the time of the applicant’s assignment to 45th Medical Company (Air Ambulance) he is entitled to award of Meritorious Unit Commendation for the period 1 January 1968 to 31 December 1968 based on Department of the Army General Order (DAGO) Number 36, dated 1970.  

9.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations engaged in combat operations.  

10.  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.

11.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet Counteroffensive (30 January 1968 - 1 April 1968), Vietnamese Counteroffensive Phase IV (2 April 1968 - 30 June 1968), and the Vietnamese Counteroffensive Phase V (1 July 1968 - 1 November 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" by his company commanders as evident on Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record).

13.  Army Regulation 600-8-22 states, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is, no automatic entitlement to the Army Good Conduct Medal disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the PH and the CIB.  Records show the applicant was awarded the PH and that this award was recorded in Item 24 of his DD Form 214 with a separation date of 31 August 1969.  The applicant did not hold an infantry MOS.  He held the MOS helicopter repairman.  Therefore, since he did not hold an infantry MOS he is not entitled to award of the CIB, as he did not meet the initial criteria of being an infantryman.  

2.  Based on the applicant's service with 45th Medical Company (Air Ambulance) in the Republic of Vietnam, he is entitled to award of the Meritorious Unit Commendation. 

3.  Based on the applicant's commander's determination that the applicant was fully qualified for reenlistment and the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 21 September 1966 to 31 August 1969 ending with termination of a period of Federal military service. 

4.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his previously awarded Vietnam Service Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JR____  __JH ___  ___QS __  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 his DD Form 214 with an effective date of 31 August 1969 to show award of the Army Good Conduct Medal for the period 21 September 1966 to 31 August 1969, the Meritorious Unit Commendation, and to have four bronze stars to be affixed to his already-awarded Vietnam Service 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 award of the Combat Infantryman Badge.


3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




_____Jeffrey Redmann________
          CHAIRPERSON


INDEX

CASE ID
AR20070010940
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071213
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.