RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 January 2008
	DOCKET NUMBER:  AR20070012289 


	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. Hubert O. Fry, Jr.

Chairperson

Mr. John T. Meixell

Member

Mr. Rowland C. Heflin

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 Army Commendation Medal with “V” Device, and completion of his General Education Diploma (GED). 

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

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 24 February 1964.

	b.  United State Military Assistance Command, Vietnam, General Orders Number 219, dated 18 August 1964, and Certificate awarding him the Bronze Star Medal with “V” Device.

	c.  United State Military Assistance Command, Vietnam, General Orders Number 44, dated 30 July 1964, and Certificate awarding him the Army Commendation Medal with “V” Device

	d.  United States Armed Forces Institute, Hawaii, Certificate of Completion of the Tests of General Educational Development-High School Level, dated January 1962.

	e.  United States Armed Forces Institute, Hawaii, General Educational Development Test, Academic Report, dated January 1964.

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 enlisted in the Regular Army for a period of 3 years on 10 March 1961.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 112.10  (Heavy Weapons Infantryman).  The highest grade he attained during his military service was specialist four/E-4 (Permanent).  He was honorably discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 24 February 1964.

3.  The applicant’s records further show that he served in the Republic of Vietnam during the period 12 September 1963 through 11 December 1963.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry. 

4.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Purple Heart, the Air Medal (2nd Oak Leaf Cluster), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Expert Marksmanship Qualification Badge with Rocket Launcher Bar (3.5in), and the Armed Forces Expeditionary Medal.  Item 26 does not show awards of the Bronze Star Medal with “V” Device or the Army Commendation Medal with “V” Device.

5.  The applicant’s records show that he 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 19 October 1963.  Headquarters, United States Military Assistance Command, Vietnam, General Orders Number 219, dated 18 August 1964, cited the following reason:

[Applicant] distinguished himself by heroic action on 19 October 1963, in the Republic of Vietnam.  On this date, [Applicant] was serving as a machine gunner aboard a CH-21 helicopter, participating in an assault mission against the Viet Cong.  While landing on their fourth trip into the battle area, his aircraft became the target of heavy hostile small arms, automatic weapons, and mortar fire.  The aircraft received several rounds in vital areas that caused it to crash.  Due to the force of the crash, the aircraft was completely destroyed.  During the entire period, [Applicant] was delivering a steady stream of fire at the insurgent positions.  Although shaken and injured himself, he remained calm and extricated himself from the aircraft.  Upon learning that the crew chief was injured and still in the helicopter, [Applicant], with complete disregard for his own personal safety, reentered the downed aircraft and assisted in removing the crew chief.  This was done in spite of intense hostile fire. 

6.  The applicant’s records show he was also awarded the Army Commendation Medal with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 26 November 1963.  Headquarters, United States Military Assistance Command, Vietnam, General Orders Number 44, dated 30 July 1964, cited the following reason:

[Applicant] distinguished himself with valor on 26 November 1963 in the Republic of Vietnam.  On this date, [Applicant] was acting gunner on a helicopter engaged in aerial assaults against the insurgent Viet Cong.  During the approach and landing, the flight became the target of automatic weapons and small arms fire.  As the helicopter landed and unloaded the troops, they again became the subject of intense automatic weapons fire from the tree lines adjacent to the landing zone.  Upon take-off from the landing area, the ship in the number three position was hit and went down.  [Applicant’s] aircraft followed it down and was landed in a position to act as a shield for the downed crew.  Upon landing, [Applicant] exited the aircraft and without regard for his own personal safety raced across the rice paddy continually under fire to assist the downed aircraft.  [Applicant] helped the crew back across the rice paddy, and upon return to the aircraft, he manned his machine gun and started returning the enemy fire as the aircraft took off and departed the area.

7.  Item 10a (Highest Civilian Education Level Attained) of the applicant’s DD Form 214 shows the entry “10 years”, indicating he completed 8 years of grammar school and 2 years of high school.  Item 10a does not indicate that the applicant was a High School graduate upon discharge from the Army.

8.  The applicant submitted a copy of his military academic test report, dated January 1962, showing he successfully completed the General Educational Development Test at the United States Armed Forces Institute, Hawaii, and was awarded the General Education Diploma.  

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

10.  Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, inclusive.  This regulation also provides that to signify a second award of the National Defense Service Medal a bronze service star will be worn on the service ribbon.

11.  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.

12.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

13.  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 8, 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.  Army Regulation 635-5 (Separation Documents) prescribed the separation documents that were furnished to each individual who was separated from the Army and established standardized procedures for the preparation and distribution of separation documents.  The version in effect at the time stated, in pertinent part, that the purpose of separation documents was to provide the individual with documentary evidence of his military service with emphasis on completeness and accuracy of information recorded.  Item 10a of the DD Form 214 reflected the highest civilian education level attained upon discharge or separation.  The DA Form 20 Enlisted Qualification Record is used to record this entry for enlisted Soldiers.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Bronze Star Medal with “V” Device and the Army Commendation Medal with “V” Device, for heroism in connection with military operations against a hostile force in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show these awards 

2.  Evidence of record shows that the applicant honorably served a qualifying period on active duty for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows that the applicant performed duties as a door gunner on a helicopter during his service in the Republic of Vietnam.  However, he held an Infantry MOS and was assigned to an infantry unit of company, battalion, or regiment size.  As shown on his Army Commendation Medal citation, he “served in active ground combat” when “upon landing, he existed the aircraft and without regard for his own personal safety raced across the rice paddy continually under fire to assist the downed aircraft.  [Applicant] helped the crew back across the rice paddy, and upon return to the aircraft, he manned his machine gun and started returning the enemy fire as the aircraft took off and departed the area.”  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.

4.  Evidence of record shows that the applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this award.

5.  Evidence of record confirms that the applicant served honorably during the period 10 March 1961 to 24 February 1964.  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.

6.  Evidence of record shows that the applicant successfully completed the tests of General Educational Development, High School Level.  Therefore, he is entitled to correction of the highest civilian education level attained to show “GED.” 

BOARD VOTE:

__hof___  __jtm___  __rch___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 26 November 1963;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 March 1961 to 24 February 1964;  

	c.  showing award of the Bronze Star with "V" Device, the Army Commendation Medal with “V” Device, the Combat Infantryman Badge, the Good Conduct Medal, the National Defense Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

d.  showing completion of the General Educational Development (GED) in Item 10a as the highest civilian education level attained.



							Hubert O. Fry, Jr.
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR20070012289
SUFFIX

RECON

DATE BOARDED
20080117
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
100.0000
3.

4.

5.

6.