IN THE CASE OF:	  

	BOARD DATE:	  8 May 2008

	DOCKET NUMBER:  AR20080005035 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the "Bronze Star or Stars, Purple Heart, and Air Medal with Oak Leaf Cluster."

2.  The applicant also desires to have his military occupational specialty (MOS) corrected on his DD Form 214 to show he served as an Infantryman in MOS 11B.

3.  The applicant states his DD Form 214 does not show the above decorations.

4.  The applicant provides: 

	a.  An undated, typewritten letter to the Board wherein he adds a request to have his MOS changed on his DD Form 214.

	b.  General Orders Number 00267, Headquarters, 196th Infantry Brigade, Vietnam, dated 29 December 1971, awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force on 1 August 1971.

	c.  General Orders Number 00049, Headquarters, 196th Infantry Brigade, Vietnam, dated 23 November 1971, awarding him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force during the period 14 January 1971 to 14 January 1972.

	d.  DD Form 214 for the period 28 May 1970 through 22 December 1971.

	e.  DD Form 215 (Correction to DD Form 214), dated 28 February 2002, deleting the Army Commendation Medal and adding the Army Commendation Medal with Oak Leaf Cluster.

	f.  Memorandum [first page only of a multi-page document], dated 10 March 2006, for Commander, National Personnel Records Center (NPRC), St. Louis, MO, from The Judge Advocate General's Legal Center and School, Charlottesville, VA.

	g.  A 7-page letter, dated 23 August 2004, from the applicant's former First Lieutenant Platoon Leader.  The former Platoon Leader refers to the applicant as "motivated...an outstanding young soldier, conscientious, cooperative, always smiling...irrepressible...well-liked and respected by all."  He states the applicant rose to the rank of Specialist Four (SP4/E-4) and was appointed as an Acting Sergeant and a Reconnaissance Platoon Squad Leader.

	h.  Letters written by the applicant to his parents, dated Sunday, 5 September 1971 and Monday, 13 December 1971.  In the first letter, he tells his parents he was slightly wounded on Friday, 3 September 1971 and provides two photographs (photoduplicated copies) which are over-exposed.  In the second letter, he tells his parents that he has mailed home his Bronze Star, Purple Heart, Air Medal, two sets of jungle fatigues, an "AWOL bag," and assorted other items of clothing.

	i.  DA Form 2496 (Disposition Form) which is totally illegible.

	j.  USARV Form 157-R (Recommendation for Decoration for Valor or Merit) showing the applicant was a Squad Leader with Company E, 1st Battalion, 46th Infantry, 196th Infantry Brigade and recommending award of the Bronze Star Medal for service.  This form shows his MOS as 11F20 (Infantry Operations and Intelligence Specialist).

	k.  Request for Reassignment, dated 16 September 1971, wherein the applicant seeks reassignment from Headquarters and Headquarters Company, 1st Battalion, 46th Infantry to D Troop, 1st Squadron, 1st Cavalry, with duty as a helicopter door gunner.  His duty MOS is listed as 11F20.  His conduct and efficiency are rated as "Excellent" by his Company Commander.

	l.  Certificate for the Bronze Star Medal with Citation.

	m.  Two Certificates for the Air Medal.  One is for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 10 February 1971 to 20 November 1971.  The second Certificate is illegible.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the Purple Heart be withdrawn from the above list of requested decorations.

2.  Counsel states the applicant reserves the right to resubmit a request for the Purple Heart at a later date.

3.  Counsel provides no additional documentation.

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 military records are not available to the Board.  This case is being considered using reconstructed records, which primarily consist of those documents provided by the applicant.

3.  The applicant enlisted in the Regular Army for 2 years on 28 May 1970.  Upon completion of all required military training, he was awarded military occupational specialty (MOS) 71B (Clerk Typist).  On/about 15 January 1971, he was sent to Vietnam and assigned to various units within the 1st Battalion, 46th Infantry, but primarily Company E, 1st Battalion, 46th Infantry, 196th Light Infantry Brigade, 23rd Infantry Division.

4.  The applicant served in Vietnam until on/about 21 December 1971 when he was transferred to Fort Lewis, WA and honorably separated on 22 December 1971.  The DD Form 214 that he was issued shows:  his rank as Specialist Four (SP4/E-4); his last duty assignment as Company E, 1st Battalion, 46th Infantry, 196th Infantry Brigade, APO 96256, USARV (US Army Vietnam); his MOS as 71B20 Clerk Typist; and his decorations and awards as the Air Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and 2 Overseas Service Bars.

5.  The documentation submitted by the applicant shows that upon assignment to Vietnam as a Clerk Typist, the applicant lobbied diligently to change his MOS to that of an Infantryman, MOS 11B.  He apparently was successful as Special Orders Number 316, Headquarters, 196th Infantry Brigade, dated 12 November 1971, awarded him the Combat Infantryman Badge (CIB), showing that he was an 11B20 assigned to Company E, 1st Battalion, 46th Infantry at the time the CIB was awarded.

6.  General Orders Number 00267, Headquarters, 196th Infantry Brigade, dated 29 December 1971, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force.  His MOS on these orders was reflected as 11B20.

7.  The applicant provided two Air Medal Certificates in support of his request to add an Oak Leaf Cluster to the Air Medal reflected on his DD Form 214.  The first was for the period from 10 February 1971 to 20 November 1971 and was signed by Brigadier General Joxxxx C. McDxxxxxx, who took command of the 196th Infantry Brigade in November 1971.  The second is illegible except for General McDxxxxxx's signature.

8.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders on file for the applicant.

9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part:

	a.  During Vietnam, the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

	b.  Award of a bronze service star is authorized based on qualifying service for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  A single silver service star denotes five campaigns.  During the period of the applicant's service in Vietnam, there were three named campaigns – Vietnam Counteroffensive, Phase VII (1 July 1970 — 30 June 1971); Consolidation I (1 July 1971 — 30 November 1971); and Consolidation II (1 December 1971 — 29 March 1972).

10.  On 28 February 2002, the applicant was issued a DD Form 215 to show he was awarded two Army Commendation Medals as signified by the addition of the Army Commendation Medal with Oak leaf Cluster.

11.  On 10 March 2008, the applicant was issued a second DD Form 215 to show award of the Bronze Star Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214.  It provides that once a DD Form 214 has been issued, it may not be reissued except when two DD Forms 215 have already been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show the Bronze Star or Stars, the Air Medal with Oak Leaf Cluster, and that he served in MOS 11B20.

2.  The applicant's DD Form 214 has already been corrected to show he was awarded the Bronze Star Medal.  No further action is required on this request.


3.  The applicant provided two copies of Air Medal Certificates to support his request for the Air Medal with Oak Leaf Cluster.  Unfortunately, one of the Air Medal Certificates is illegible, and neither Certificate is accompanied by orders upon which the requested correction could be made.

4.  The applicant's records substantiate that he served in Vietnam as an Infantryman in MOS 11B20.  He was awarded the Combat Infantryman Badge on orders that identify his MOS as 11B20 and his Bronze Star Medal orders identify his MOS as 11B20.  His former Platoon Leader states he served as an Infantryman, and when he sought to serve as a helicopter door gunner, his duty MOS at the time was shown as Infantry Operations and Intelligence Specialist.  Based upon the evidence at hand, it appears the applicant served as an Infantryman in Vietnam.  His DD Form 214 should be corrected to show he was an 11B20 (Light Weapons Infantryman).

5.  The applicant served honorably and well and rose in rank to SP4 with an appointment as an Acting Sergeant and Squad Leader.  His Company Commander characterized his conduct and efficiency as "Excellent" and there is no indication he was ever convicted by a court-martial.  He should be awarded the Good Conduct Medal and his DD Form 214 should reflect this award.

6.  The applicant participated in three campaigns during his service in Vietnam.  He is entitled to wear three bronze service stars on his already awarded Vietnam Service Medal.  This should be reflected on his DD Form 214.

7.  The applicant has already been issued two DD Forms 215, and the above actions will require yet another DD Form 215.  In accordance with AR 635-5, he should be issued a new DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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 individual a Good Conduct Medal (1st Award) for his exemplary behavior, efficiency, and fidelity during the period 28 May 1970 to 22 December 1971.

	b.  Voiding the individual's DD Form 214 with effective date of 22 December 1971 and his two DD Form’s 215, dated 28 February 2002 and 10 March 2008.

	c.  Issuing him a new DD Form 214 showing:

		(1)  his MOS as 11B20 (light Weapons Infantryman);

		(2)  he was awarded the Bronze Star Medal, Air Medal, Army Commendation Medal with Oak Leaf Cluster, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Vietnam Campaign Medal with 1960 Device, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 the Air Medal with Oak Leaf Cluster.



							XXX
       _    _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005035



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