IN THE CASE OF:	  

		BOARD DATE:	       18 September 2008  

		DOCKET NUMBER:  AR20080009006 


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 (Report of Transfer or Discharge) for the period ending 17 December 1973 to show award of the Army Commendation Medal with “V” Device, three awards of the Air Medal (correctly known as the Air Medal with Numeral 2), and the Combat Infantryman Badge.  He also requests, in effect, that item 17c (Date of Entry) on this DD Form 214 be corrected to show he enlisted on 17 September 1967.  

2.  The applicant states that his actual enlistment date was 17 September 1967.  He also contends that the above mentioned awards were left off of his discharge document because he relocated and his new unit was never notified of his awards. 

3.  The applicant provides a copy of his DD Form 214 for the period ending 
17 December 1973 and orders for the Army Commendation Medal with “V” Device.

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 enlistment record shows he enlisted on 18 September 1967 for a period of 3 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 4 March 1968.  He served in MOS 11B assigned to Company B, 3rd Battalion, 39th Infantry in Vietnam from 13 March 1968 through 11 January 1969.  He served in MOS 11B assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 9th Infantry Division in Vietnam from 12 January 1969 through 3 March 1969.  On 
22 December 1969, he was honorably discharged for immediate reenlistment after completing 2 years, 3 months, and 5 days of creditable service.

3.  Item 17c on the applicant’s DD Form 214 for the period ending 22 December 1969 shows the entry, “18 Sep 67.”  This DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, and the “VN Unit Cit” [Vietnam Unit Citation] as authorized awards.

4.  The applicant reenlisted on 23 December 1969 for a period of 4 years.  He served as a tab equipment repairman and was honorably discharged on 
17 December 1973.         

5.  The applicant’s DD Form 214 for the period ending 17 December 1973 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Good Conduct Medal, two awards of the Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  Item 22a(2) (Other Service) on this DD Form 214 shows the applicant served 2 years, 3 months, and 5 days of other service.   

6.  Headquarters, 9th Infantry Division General Orders Number 9276, dated 
25 September 1968, show the applicant received the basic award of the Air Medal. 

7.  There are no other orders for any additional awards of the Air Medal in the available records. 

8.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that Headquarters, 9th Infantry Division General Orders Number 412, dated 1969, authorized award of the Army Commendation Medal.  The available records do not contain such orders.  However, Headquarters, 9th Infantry Division General Orders Number 4124, dated 7 April 1969, shows the applicant received the Army Commendation Medal with “V” Device. 

9.  There are no orders for the Combat Infantryman Badge in the available records. 

10.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (3rd Battalion, 39th Infantry) is eligible for award of the Valorous Unit Award for actions during the period 6-12 May 1968 based on Department of the Army General Orders Number 43, dated 1970.

12.  Department of the Army Pamphlet 672-3 shows the applicant's unit (3rd Battalion, 39th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 December 1966 to 30 June 1968) based on Department of the Army General Orders Number 31, dated 1969.  This unit is eligible for a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 July 1968 to 13 November 1968) based on Department of the Army General Orders Number 31, dated 1969; and this unit is eligible for a third award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (January to June 1969) based on Department of the Army General Orders Number 59, dated 1969.      

13.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(3rd Battalion, 39th Infantry) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

14.  Department of the Army Pamphlet 672-3 shows the applicant's unit (HHC, 
1st Brigade, 9th Infantry Division) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

15.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(HHC, 1st Brigade, 9th Infantry Division) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.
16.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 

17.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award 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 Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  

18.  Combat missions were divided into three categories.  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.

19.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions or     100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator.

20.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

21.  Army Regulation 600-8-22 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 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 has advised, in similar cases during the Vietnam era that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

22.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

23.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

24.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated, in pertinent part, that all other service would be entered in item 22a(2).    

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 for the period ending 17 December 1973 shows the Army Commendation Medal as an authorized award.  However, orders show he received the Army Commendation Medal with “V’ Device.  Therefore, his DD Form 214 for the period ending 17 December 1973 should be corrected to show this medal.

2.  Orders show the applicant received one award of the Air Medal which is properly reflected on his DD Form 214 for the period ending 22 December 1969. Since there are no orders for any additional awards of the Air Medal, there is insufficient evidence on which to base any additional awards of the Air Medal in this case.

3.  Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam.  He was also awarded the Army Commendation Medal with “V” Device for heroism.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

4.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.   Evidence of record shows the applicant enlisted on 18 September 1967 which is properly shown in item 17c on his DD Form 214 for the period ending 
22 December 1969.  His prior active service from 18 September 1967 to 
22 December 1969 is properly reflected in item 22a(2) on his DD Form 214 for the period ending 17 December 1973.  Therefore, there is no basis for granting the applicant’s request to amend item 17c on his DD Form 214 for the period ending 17 December 1973. 

5.  The applicant participated in five campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with one silver service star.

6.  The applicant's unit (3rd Battalion, 39th Infantry) received the Valorous Unit Award while he was assigned to it.  

7.  The applicant's units were awarded four awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is authorized to wear one of those awards.  However, his DD Form 214 for the period ending 17 December 1973 should be amended to show four awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  The applicant’s units were each awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, his DD Form 214 for the period ending 17 December 1973 should be corrected to show two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ___xx___  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 adding the Army Commendation Medal with “V” Device, the Combat Infantryman Badge, the Valorous Unit Award, four awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal on his DD Form 214 for the period ending 17 December 1973.

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 any additional awards of the Air Medal and change to Item 17c of his DD Form 214.  



      _______ xxxx_______   ___
               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)                                         AR20080009006



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ABCMR Record of Proceedings (cont)                                         AR20080009006



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