IN THE CASE OF:	

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080006762 


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, in effect, that the already-awarded Purple Heart, Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Presidential Unit Citation, Vietnam Service Medal, Republic of Vietnam Campaign Medal, National Defense Service Medal, and the Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, and in pertinent part, in a self-authored, hand-written statement to the Board that:

	a.  they [he and his unit] received the Presidential Unit Citation at the Battle of Sui Tre on 21 March 1967;

	b.  in August 1967, he was occupying a mechanized unit in order to be transported to an area they were going to patrol.  The unit struck an explosive device and since he was topside, he was blown out into a ditch.  He was initially treated in the field for back injuries and a few shrapnel wounds.  He was airlifted out to a field facility and a couple of days later he was sent to Long Binh to process out to come home.  He was given a Purple Heart because of this event.

	c.  he was given a Bronze Star Medal and told it was for valor.  All he knows is that he just did his job to assist his comrades.

	d.  he was awarded the Combat Infantryman Badge and was told it reflected his assignment with the infantry unit.

	e.  he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation due to it being a regimental award.

	f.  he assumes the rest of the medals reflect his combat assignment.

	g.  he was assigned as the Radio Telephone Operator (RTO) for the forward observer and his records do not reflect this duty assignment.

3.  The applicant adds that the only thing he does not understand is that he never received any type of paperwork for any of these ribbons or medals.  When he returned to civilian life, he put away all his papers and citations.  A friend encouraged him to join the Veterans of Foreign Wars (VFW) Post and it was at that time the quartermaster pointed out the medals and citations that were not shown on his DD Form 214.

4.  The applicant concludes his request by respectfully asking that corrections be made, in effect, to include the missing awards and decorations on his DD Form 214.

5.  In support of his application, the applicant provided a copy of his DD Form 214, a photograph of his "shadow box" in which he displays those medals he claims to have been awarded while he served in Vietnam, a copy of a citation for award of the Army Commendation Medal, a copy of his Honorable Discharge Certificate, a copy of a certificate of recognition awarded him by the VFW, and a copy of his VFW membership card.

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 he enlisted in the Texas Army National Guard (TXARNG) on 2 February 1965.  He was ordered to active duty for training and at the completion of this service was awarded the military occupational specialty (MOS) 131.00 (Armor Crewman).  On 19 January 1966, the applicant enlisted in the Regular Army.  He completed one station unit training at Fort Polk, Louisiana, and on completion of this training, he was awarded the MOS 76A (Supply Clerk).

3.  The evidence shows that while the applicant served in the TXARNG and in the Regular Army, he held, at varying times, the MOS 131.00, 11E (Armor Crewman), 13A (Field Artillery Basic), 76A, 76K (General Supply Specialist), and 76Y (Unit Supply Specialist).  The evidence further shows that on 23 January 1968, he was reclassified to the MOS 76Y.  There is no evidence the applicant was ever awarded an infantry MOS while he served in either the TXARNG or in the Regular Army.

4.  The applicant was assigned to Battery B, 2d Battalion, 77th Artillery, Fort Lewis, Washington, as his first Regular Army assignment.  On 22 September 1966, the unit was reassigned to Vietnam on a unit permanent change of station and assigned to the 4th Infantry Division.  The applicant served in Vietnam from 22 September 1966 through 9 August 1967.  While in Vietnam he remained assigned to and served with Battery B, 2d Battalion, 77th Artillery, 4th Infantry Division.  The applicant's unit was reassigned from the operational control of the 4th Infantry Division to the 25th Infantry Division on 1 August 1967.

5.  The applicant was honorably released from active duty on 17 January 1969 under the provisions of Army Regulation 635-200 at the expiration of his term of service.  He was separated in the rank/pay grade of specialist five/E-5.  On the date he was released from active duty, he had completed 2 years, 11 months, and 29 days active military service on his enlistment and had no days time lost.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows he was awarded the:  National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  The Purple Heart, Bronze Star Medal, Presidential Unit Citation, Combat Infantryman Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation are not shown on his DD Form 214.  Since the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal are already shown on the applicant's DD Form 214, these awards will not be discussed further in this Record of Proceedings, except to make a correction to the number of campaigns in which the applicant participated while he served in Vietnam.

7.  There is no entry in Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) to show he received shrapnel wounds or that he sustained an injury to his back while he served in Vietnam.  Item 41 (Awards and Decorations) of his DA Form 20 also does not show the Purple Heart as an authorized award.

8.  The National Archives and Records Administration Archival Database was electronically searched to determine if he had been reported as wounded in action while he served in Vietnam.  This search produced results for four Soldiers with the same last name and first name; however, the applicant’s name was not among the four.  The applicant's name is not shown on the Vietnam Casualty List.

9.  There are no entries in Item 41 of the applicant's DA Form 20 to show he was awarded the Bronze Star Medal, Purple Heart, Combat Infantryman Badge, Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  There are no orders in the applicant's military personnel records awarding him the Purple Heart, Bronze Star Medal, and the Combat Infantryman Badge.  A search of the Awards and Decorations Computer-assisted Retrieval System failed to reveal that orders were published awarding the applicant these awards.

11.  The applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force for the period October 1966 through August 1967 by General Orders Number 3431 published by Headquarters, 25th Infantry Division, on 24 August 1967.  The Army Commendation Medal is not shown on the applicant's DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the unit the applicant was assigned to was awarded the Presidential Unit Citation for its actions on 21 March 1967 by Department of the Army General Order (DAGO) Number 59, dated 1968; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 1 August 1967 by DAGO Number 48, dated 1971, and for the period 1 August 1967 through August 1968; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 by DAGO 51, dated 1971.

13.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

14.  While in Vietnam, the applicant participated in the following campaigns of the Vietnam War:  Vietnam Counteroffensive Phase II, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive Phase III, which extended from 1 June 1967 through 29 January 1968.

15.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

16.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

17.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time of the applicant's separation, provides that the 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.  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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent," except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

18.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry 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 Total Army Personnel Command [now known as the Human Resources 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.

19.  AR 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited; or was attached by competent orders to and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant provided none to show that he was awarded the Combat Infantryman Badge.

2.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

3.  The evidence shows that the applicant held and performed the duties related to the MOS 76Y in a field artillery battery, while he served in Vietnam.  There is no evidence that he was ever assigned or attached to an infantry unit of brigade, regimental or smaller size and that he served in active ground combat while assigned or attached to this infantry unit.

4.  Despite the applicant's claim that he received the Bronze Star Medal for valor, these is no evidence in his service record and he provided none to show he received any awards for valor or achievement that would give an indication he was exposed to combat against the enemy.

5.  Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

6.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

7.  There is no evidence, and the applicant provided none to show that he was wounded as the result of hostile action.  The applicant's name does not appear on the Vietnam Casualty Listing or in the U.S. National Archives and Records Administration Casualty Information System Database.  There were no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published to award him the Purple Heart.

8.  Based on the evidence in this case, the applicant is not entitled to award of the Purple Heart and to have it added to his DD Form 214.

9.  The applicant alleges that he received the Bronze Star Medal for valor; however, there is no evidence in his service record and he provided none to show he received any awards for valor.  The applicant admits that he received a number of awards but that he did not receive paperwork to support these awards.  In the absence of evidence to the contrary, the applicant is not entitled to have the Bronze Star Medal added to his DD Form 214.

10.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of an administrative oversight rather than something he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 19 January 1966 through 17 January 1969 and to have this award added to his DD Form 214.

11.  The applicant served in two campaigns while he served in Vietnam.  He is therefore entitled to award of the Vietnam Service Medal with two bronze service stars as opposed to the Vietnam Service Medal as shown on his DD Form 214.

12.  The applicant served in a unit which was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.

13.  The applicant's claim that he served as the RTO for the forward observer is not corroborated by the available evidence.  The available evidence shows that while he served in Vietnam, the applicant was assigned to a field artillery unit and he performed duties related to the MOS 76Y.  Based on the evidence, the applicant is not entitled to a correction to his records to show he was the RTO to the forward observer.

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 the applicant the Good Conduct Medal for the period 19 January 1966 through 17 January 1969 and adding this award to his DD Form 214;

	b.  awarding the applicant two bronze service stars to be affixed to his already-awarded Vietnam Service Medal to denote his campaign participation credit and showing these bronze service stars on his DD Form 214 as the Vietnam Service Medal with two bronze service stars;

	c.  awarding the applicant the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and adding these unit awards to his DD Form 214; and

	d.  adding the already-awarded Army Commendation Medal to the applicant's DD Form 214;

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 Purple Heart, Bronze Star Medal for valor, and Combat Infantryman Badge to the applicant and the addition of these awards to the applicant's DD Form 214.

3.  The Board has further determined that the evidence is insufficient to warrant a correction to the applicant's record to show that he was assigned as the RTO to the forward observer.



      ____________x_____________
                 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)                                         AR20080006762



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ABCMR Record of Proceedings (cont)                                         AR20080006762



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