IN THE CASE OF:	  

		BOARD DATE:	  	  15 January 2009

		DOCKET NUMBER:  AR20080009552 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Master Parachutist Badge, and the Combat Infantryman Badge.  He also requests the "V" Device and bronze oak leaf clusters for an unspecified award, and any additional awards he is entitled for his tour in Vietnam from 13 February to 1 June 1968.  

2.  The applicant states that his DD Form 214 is in error because it was compiled from a temporary record of his profile constructed at Fort Bragg, North Carolina after he returned from Vietnam.  At that time, his file was incomplete and some of his records were misplaced.  He was reassured that his records would be updated when all of his records were retrieved from Vietnam.  However, at no time did the Army update his file with all of his information and awards to make his file complete.  

3.  The applicant provides a picture of him wearing several awards.  

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 enlisted in the Regular Army on 7 July 1967 for a period of three years.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  His highest grade attained was sergeant, E-5.

3.  Headquarters, the Student Brigade, U.S. Army Infantry School, Fort Benning, Georgia, Special Orders Number 309, dated 18 December 1967, show the applicant was awarded the Parachutist Badge and the special qualification identifier (SQI) "P."  

4.  He was assigned to Vietnam on 13 February 1968 with Company D, 1st Battalion, 508th Infantry.  

5.  Headquarters, 3rd Brigade, 82nd Airborne Division, General Orders Number 82, dated 5 November 1968, show the applicant was awarded the Army Commendation Medal for meritorious achievement from 1 March 1968 to 31 July 1968 in the Republic of Vietnam.  

6.  Headquarters, 3rd Brigade, 82nd Airborne Division, General Orders Number 167, show the applicant was awarded the Bronze Star Medal for meritorious service from 14 February 1968 through 14 October 1968.

7.  The applicant departed Vietnam on 10 February 1969 and was credited with participation in the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, the Vietnam Counteroffensive Phase V Campaign, and the Vietnam Counteroffensive Phase VI Campaign.

8.  His temporary DA Form 20 (Enlisted Qualification Record) was prepared on 17 March 1969 at Fort Bragg, North Carolina.  This form does not list award of the Combat Infantryman Badge, the "V" Device for valor or any bronze oak leaf clusters in item 41 (Awards and Decorations).

9.  The applicant was released from active duty on 18 July 1970.  

10.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Bronze Star Medal, and the Parachutist Badge.

11.  His DA Form 20 shows his conduct and efficiency ratings of "excellent" and "excellent" for the period 19 March 1969 and "satisfactory" and "satisfactory" for the period 14 November 1969.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 1st Battalion, 508th Infantry, this unit was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 43, dated 1970.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 508th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 43, dated 1970.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 508th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.

15.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U. S. Army Human Resources Command, failed to reveal any orders for any awards with "V" device or bronze oak leaf clusters.

16.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the Master Parachutist Badge.  Award of the Master Parachutist Badge requires a rating of excellent in character and efficiency, completion of 65 jumps (25 with combat equipment, four night jumps with one as jumpmaster, five mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 36 months.

17.  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, 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.

18.  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.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze 
“V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

20.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal or the Bronze Star Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended that his DD Form 214 is in error because it was compiled from a temporary record and the Army did not update his file with all of his information.  However, there were sufficient documents in the available record to conduct a fair and impartial review of this case.  

2.  The applicant's DD Form 214 currently reflects the basic Parachutist Badge.  There is no evidence of record which shows he was awarded or that he met the requirements for award of the Master Parachutist Badge.  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show the Master Parachutist Badge.  

3.  The evidence of record shows the applicant completed the required training and was awarded infantry MOS 11B with SQI "P" and he was assigned to Company D, 1st Battalion, 508th Infantry in Vietnam.  There is no evidence of record which shows he served in active ground combat while assigned to this unit.  The applicant stated that he was awarded the Combat Infantryman Badge during his tour in Vietnam; there is insufficient evidence to show he actively participated in ground combat.  Therefore, there is an insufficient basis for correcting his records to show the Combat Infantryman Badge.

4.  The applicant's service personnel records did not show the applicant was awarded a "V" Device or bronze oak leaf clusters for wear on his decorations (i.e. Army Commendation Medal or Bronze Star Medal).  

5.  The applicant provided a picture which shows him wearing the Combat Infantryman Badge, the Master Parachutist Badge, and the "V" Device and bronze oak leaf clusters on his Bronze Star Medal.  However, this document alone is insufficient as a basis to add these awards to his DD Form 214.

6.  The applicant was assigned to a unit during a period it was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be added to his DD Form 214.

7.  The applicant’s DD Form 214 currently reflects award of the Vietnam Service Medal.  He received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show four bronze service stars for wear on his Vietnam Service Medal.

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 adding the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his 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 correction of his DD Form 214 to show award of the Master Parachutist Badge, the Combat Infantryman Badge, a "V" Device, and bronze oak leaf clusters.  




      _______ _   _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)                                         AR20080009552



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ABCMR Record of Proceedings (cont)                                         AR20080009552



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