RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080002652 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 his record be corrected by adding the Purple Heart 1st Oak Leaf Cluster (2nd Award), Combat Infantryman Badge, and all other awards to which he is entitled to Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214).    

2.  The applicant states, in effect, he was wounded in action and served in a combat unit while serving in the Republic of Vietnam (RVN).  He claims he started in the motor pool as a mechanic, but then transferred to a Reconnaissance unit.  He claims he had 22 combat flights on air gun ships and was informed that he should receive the CIB and Air Medal (AM).  

3.  The applicant provides his DD Form 214 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 and entered active duty on 23 January 1968.  His Enlisted Qualification Record (DA Form 20) shows that he completed on-the-job (OJT) in and was awarded military occupational specialty (MOS) 63B (Light Vehicle Mechanic).  His DA Form 20 shows he served in the RVN from 5 December 1968 through 15 June 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company (HHC), 4th Battalion, 21st Infantry Regiment, performing duties in MOS 63A as a light vehicle mechanic.  Item 38 contains no entries indicating he ever served in a position authorized an infantry MOS, or that he was ever in a flight status either as a crewmember or non-crewmember while serving in the RVN, and does show he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  

3.  The applicant's Military Personnel Records Jacket (MPRJ) contains no orders or other documents that show the applicant was ever awarded, held, or served in an infantry MOS, or that he was awarded the CIB or AM by proper authority while serving in the RVN.  It is also void of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  The MPRJ also contains Headquarters, Americal Division General Orders (GO), dated 18 May 1969, which awarded the applicant the PH for being wounded in action in the RVN on 17 May 1969; and medical treatment records and a Western Union Telegram that confirm he was again wounded in action in the RVN on 2 June 1969.  

4.  On 30 September 1969, the applicant was honorably released from active duty after completing 1 year, 8 months, and 6 days of active military service.  Item 24 of the DD Form 214 he was issued at the time shows he earned the following awards:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal with 60 Device; and Expert Marksmanship Qualification Badge with Rifle Bar.  A correction to the applicant's separation document (DD Form 215) issued to him on 19 January 1970, amended Item 24 by adding the PH 1st Oak Leaf Cluster (2nd Award).   

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with the VSM for each campaign 
a member is credited with participation in while serving in the RVN.  Table B-1 of contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969 campaigns.  

6.  Paragraph 3-16 of the awards regulation contains guidance on award of the Air Medal (AM).  The AM is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidance on award of the AM in Vietnam.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  


7.  The USARV awards regulation defined terms and provided guidelines for the AM based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the AM.  It divided combat missions into three categories for the purpose of AM qualification.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.  To be recommended for award of the AM, an individual must have completed a minimum of 25 category I missions, 50 category II missions or 100 category III missions.  

8.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

9.  Chapter 8 of the awards regulation contains guidance on award of combat and skill badges.  Paragraph 8-6 contains guidance on award of the CIB.  It states, in pertinent part, that in order to support award of the CIB, there must be evidence that the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The Department of the Army Military Awards Branch has advised in similar cases that during the Vietnam era the CIB was awarded only to enlisted members who held and served in the infantry MOSs 11B, 11C, 11F, 11G, or 11H.  There were no provisions for awarding it to members who did not hold one of these infantry MOSs.  

10.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record confirms that he received "Excellent" conduct and 
efficiency ratings at all of his active duty assignments.  Further, the record is void 
of a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 23 January 1968 through 30 September 1969.  Based on his service and campaign participation in the RVN, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation and to 3 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.  

2.  The evidence of record also confirms that the applicant's record has already been corrected to reflect the PH 1st Oak Leaf Cluster (2nd Award), and that a
DD Form 215 was issued adding these awards to Item 24 of his DD Form 214 in January 1970.  As a result, no corrective action by the Board is necessary on this matter.  

3.  By regulation, in order to be eligible to receive the CIB, an enlisted member during the Vietnam era must have held and served in an infantry MOS; must have been assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The evidence of record confirms the applicant held and served in MOS 63B, and performed duties as a light vehicle mechanic while serving in the RVN.  There is no indication that he ever held or served in an infantry MOS during his tenure of assignment in the RVN, or that he was ever recommended for or awarded the CIB by proper authority.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

4.  The evidence of record also fails to show that the applicant served as a 
crewmember or non-crewmember on flight status during his tenure of assignment in the RVN, or that he completed the number of air missions necessary to qualify for award of the AM.  Further, there is no indication that he was awarded the AM by proper authority.  As a result, there is also an insufficient evidentiary basis to support granting this portion of the requested relief.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ___x__  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 him the Army Good Conduct Medal for his qualifying honorable active military service from 23 January 1968 through 30 September 1969; 

	b.  amending Item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal, Purple Heart 1st Oak Leaf Cluster (2nd Award), Army Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar”; and 

	c.  providing him a correction to his separation document that includes these changes. 

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 and Air Medal. 




      _________x_____________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080002652


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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