RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 January 2008
	DOCKET NUMBER:  AR20070011693 


	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. Frank C. Jones, II

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 with “V” Device, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm), the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), and completion of Advanced Individual Training.

2.  The applicant states, in effect, that the awards were left off due to an administrative oversight. 

3.  The applicant provided a copy of General Orders Number 4382, dated 9 August 1968, awarding him the Bronze Star Medal with “V” Device, 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 records show that he was inducted into the Army of the United States on 7 March 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  The highest rank he attained during his military service was sergeant/E-5 (Temporary).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on
6 March 1969.

3. The applicant’s records further show that he served in the Republic of Vietnam during the period 12 August 1967 through 11 August 1968.  He was assigned to Company C, 1st Battalion, 35th Infantry, 4th Infantry Division.


4.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and two Overseas Bars.  Item 41 does not show award of the Bronze Star Medal with “V” Device, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm), or the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber). 

5.  The applicant was awarded the Bronze Star Medal with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 3 June 1968.  Headquarters, 4th Infantry Division, General Orders Number 4382, dated 9 August 1968, cited the following reason:

[Applicant] distinguished himself while serving as a Grenadier with Company C, 1st Battalion, 35th Infantry, 4th Infantry Division. [Applicant’s] unit came under attack by an estimated company of enemy force. [Applicant] braved a constant volume of fierce enemy fire by exposing himself and moving from the protection of his foxhole in order to bring more effective fire on the advancing enemy force.  At this time [Applicant] received two rounds through his helmet which miraculously missed his head by inches.  Casting aside the incident, he continued his assault against an enemy machine gun position until it was silenced.  [Applicant’s] dauntless courage and skill were highly instrumental in repulsing numerous assaults against the company throughout the night engagement.  Even though enemy grenades showered upon his position wounding several comrades, he continued to bring devastating and accurate fire upon the insurgents.  

6.  There are no General Orders in the applicant’s records that show he was awarded the Combat Infantryman Badge.

7.  There are no Special Orders in the applicant’s records that show he was awarded the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm) or the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

8.  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, 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.

9.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  Chapter 8 of this regulation states, in pertinent part, that a qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes. Expert, Sharpshooter, and Marksman.  Permanent Orders are not required for award of the Marksmanship badges.  Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specifies that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  The DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  

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

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 38, dated 1970.

13.  Department of the Army Pamphlet 672-3 shows the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders Number 53, dated 1970.


14.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of this form shows that the applicant received ratings of "Excellent" throughout his first enlistment.  There is no derogatory information in his records 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.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 6 March 1969, shows he was awarded the Vietnam Service Medal.

17.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V, campaigns during his tour of duty in the Republic of 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.
 
DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant was awarded the Bronze Star Medal with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 3 June 1968.  Therefore, he is entitled to correction of his records to show this award.

2.  Evidence of record shows that the applicant was an infantryman assigned to an infantry unit in the Republic of Vietnam which engaged the enemy in ground combat in the Republic of Vietnam.  There is sufficient evidence to show that he was actively participating in such ground combat.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

3.  There are no Special Orders in the applicant's records that show he was awarded the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm) or the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).  Item 41 of his DA Form 20 does not show award of the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm) or the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).  In the absence of evidence that indicates the degree and type of weapons with which the applicant has qualified, he is not entitled to relief.

4.  Evidence of record shows that the applicant’s MOS 11C, Infantry Indirect Fire Crewman, is shown in Item 23a (Specialty: Number and Title) of the applicant's DD Form 214, indicating that he had completed Advanced Individual training and was awarded an MOS.  The entry of successfully completed service schools and major courses is used to assist Soldiers in job placement and counseling.  Training courses for combat skills are not entered on the DD Form 214. Therefore, there is no further action required. 

5.  Orders show that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class.  Therefore, he is entitled to correction of his records to show these awards.

6.  Evidence of record confirms that the applicant served honorably during the period 7 March 1967 through 6 March 1969.  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.  Evidence of record shows that the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__fcj___  __lmd___  __mjf___  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.  awarding the applicant the Combat Infantryman Badge for serving in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, on 3 June 1968;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 7 March 1967 to 6 March 1969; and, 

	c.  showing award of the Bronze Star with "V" Device, the Combat Infantryman Badge, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and four bronze service 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 Expert Marksmanship Qualification Badge with Mortar Bar (81 mm), the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), and completion of Advanced Individual Training.



							Frank C. Jones, II
	______________________
          		CHAIRPERSON


INDEX

CASE ID
AR20070011693
SUFFIX

RECON

DATE BOARDED
20080108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.