IN THE CASE OF:	  

		BOARD DATE:	  11 September 2008

		DOCKET NUMBER:  AR20080009970 


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 records to show all of his authorized awards and decorations. 

2.  The applicant states that he served in the Republic of Vietnam (RVN) from January 1970 to July 1970 with the 18th Military Police Brigade Combat Support Operation, 560th Military Police Company.  He also states his duties involved escorting convoys from An-khe (RVN) through the Mang Yang Pass to Da Nang (RVN), through the Hai Van Pass to Phu Bai (RVN), and back to An-khe (RVN).  The applicant further states he was assigned to combat infantry units and is entitled to the Combat Infantryman Badge; Army Commendation Medal; Army Achievement Medal; Good Conduct Medal; Army Service Ribbon; and the Marksman Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars.

3.  The applicant provides a copy of a VA Form 21-4138 (Statement in Support of Claim), dated 8 April 2008; DA Form 873 (Certificate of Clearance and/or Security Determination Under Executive Order 10450), dated 30 October 1969; DA Form 87 (Certificate of Training), dated 3 July 1969; Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, Alabama, Letter of Commendation, dated 3 December 1969; U.S. Army Aviation Center, Office of the Provost Marshal, Certificate of Achievement (July 1969 to December 1969); Headquarters, I Field Force Vietnam, Special Orders Number 21, dated
21 January 1970; Headquarters, 16th Military Police Group (Vietnam), Special Orders Number 23, dated 27 January 1970; DA Form 2166 (Enlisted Efficiency Report), dated 4 July 1970; Headquarters, U.S. Army Ryukyu Islands (Okinawa, Japan), Special Orders Number 343, dated 9 December 1970; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 1 March 1971; Certificate of Appreciation (7 March 1969 to
1 March 1971); and DD Form 256A (Honorable Discharge Certificate), dated
1 March 1975.

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 service records show that he enlisted in the Regular Army for a period of 2 years on 7 March 1969.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 95B (Military Police).

3.  The applicant’s military service records contain copies of the following orders.

     a.  Headquarters, U.S. Army Vietnam, Transient Detachment, Special Orders Number 012, dated 12 January 1970, that show the applicant arrived in the RVN on 11 January 1970 and was assigned to Headquarters and Headquarters Company, I Field Force, effective 18 January 1970.

     b.  Headquarters, I Field Force Vietnam, Special Orders Number 21, dated
21 January 1970, that show, in pertinent part, the applicant was reassigned to the 16th Military Police Group (RVN), effective 18 January 1970.

     c.  Headquarters, 16th Military Police Battalion, Special Orders Number 23, dated 27 January 1970, that show, in pertinent part, the applicant was further assigned to the 93rd Military Police Battalion (RVN), effective 18 January 1970.


     d.  Headquarters, 93rd Military Police Battalion, Special Orders Number 29, dated 1 February 1970, that show, in pertinent part, the applicant was further assigned to Company B, 504th Military Police Battalion (RVN), effective
18 January 1970.

     e.  Headquarters, 93rd Military Police Battalion, Special Orders Number 43, dated 19 February 1970, that show, in pertinent part, the applicant was reassigned from Company B, 504th Military Police Battalion to the 560th Military Police Company (RVN) with a reporting date of 20 February 1970.

     f.  Headquarters, 93rd Military Police Battalion, Special Orders Number 161, dated 4 July 1970, that show the applicant was to report to the 178th Replacement Company, Camp Alpha, Tan Son Nhut Air Force Base (RVN) for reassignment to the 257th Adjutant General Replacement Company (Okinawa, Japan) with a reporting date of 6 July 1970.  The special instructions of these orders state, in pertinent part, “THIS IS A REASSIGNMENT OF A FAMILY MEMBER.”

     g.  Headquarters, U.S. Army Ryukyu Islands (Okinawa, Japan), Special Orders Number 195, dated 14 July 1970, that show, in pertinent part, the applicant was assigned from the 257th Adjutant General Replacement Company to the 20th Military Police Company (Okinawa, Japan), with a reporting date of
18 July 1970.

4.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record) that was audited by the applicant on 10 July 1970.  Item
22 (Military Occupational Specialties) shows the applicant was awarded MOS 95B (Military Policeman) on 4 July 1969.  Item 29 (Qualification in Arms) shows the applicant qualified sharpshooter with the M-16 Rifle.  Item 31 (Foreign Service) shows that he served overseas in the U.S. Army Pacific (Okinawa) from 10 July 1970 through 27 February 1971.  Item 38 (Record of Assignments) shows, in pertinent part, that the applicant was assigned to the 20th Military Police Company (U.S. Army Ryukyu Islands) from 18 July 1970 through
27 February 1971, with principal duty as a Military Policeman in duty MOS 95B1O.  This item also shows the applicant departed on 28 February 1971 en route to the continental United States.  Item 39 (Campaigns) is absent an entry and Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar.




5.  The applicant’s military service records contain a copy of Headquarters,
1st Basic Combat Training Brigade, Fort Jackson, South Carolina, Special Orders Number 69, dated 30 April 1969.  These orders show, in pertinent part, that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  There are no orders in the applicant’s military service records that show he was awarded an infantry MOS and his DA Form 20 does not list any infantry MOS in Item 22 (Military Occupational Specialties).

7.  There are no orders in the applicant’s military service records that show he was awarded the Combat Infantryman Badge and his DA Form 20 does not list the Combat Infantryman Badge in Item 41 (Awards and Decorations).

8.  A search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce any award orders pertaining to the applicant during his service in the RVN.

9.  The applicant’s military service records contain a DD Form 214, with an effective date of 1 March 1971.  Item 23a (Specialty Number and Title) shows he held MOS 95B, Military Police, and Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.  Item 30 (Remarks) shows the applicant served in the Republic of Vietnam from 7 January 1970 through 18 July 1970.  The DD Form 214 also shows the applicant was honorably released from active duty on 1 March 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  At the time, he was credited with completing 1 year,
11 months, and 25 days net service this period; 1 year, 11 months, and 25 days total active service; and 7 months and 18 days foreign service.

10.  In support of his application, the applicant provides the following additional documents.

     a.   A copy of a VA Form 21-4138 (Statement in Support of Claim), dated
8 April 2008; Headquarters, I Field Force Vietnam, Special Orders Number 21, dated 21 January 1970; Headquarters, 16th Military Police Group (Vietnam), Special Orders Number 23, dated 27 January 1970; and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 1 March 1971.  These 4 documents were previously introduced and considered in this Record of Proceedings.

     b.  DA Form 873 (Certificate of Clearance and/or Security Determination Under Executive Order 10450), dated 30 October 1969.  This document shows, in pertinent part, that the applicant was granted a Secret security clearance on
30 October 1969.

     c.  DA Form 87 (Certificate of Training), dated 3 July 1969, that shows the applicant successfully completed advanced individual training in MOS 95B1O.

     d.  Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, Alabama, Letter of Commendation, dated 3 December 1969, and U.S. Army Aviation Center, Office of the Provost Marshal, Certificate of Achievement.  The
2 documents show that the applicant was commended for his outstanding performance of duty as a Provost Marshall Investigator from July 1969 to December 1969. 

     e.  DA Form 2166 (Enlisted Efficiency Report), dated 4 July 1970.  This document shows, in pertinent part, the applicant was assigned to the 560th Military Police Company and rated for a 3-month period while performing the duties of a senior military policeman working combined police patrol in An Khe (RVN).

     f.  Headquarters, U.S. Army Ryukyu Islands (Okinawa, Japan), Special Orders Number 343, dated 9 December 1970.  These orders show, in pertinent part, that the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.

     g.  Certificate of Appreciation awarded to the applicant by the Commander-in- Chief, under the Seal of the President of the United States, for his service in the Armed Forces of the United States from 7 March 1969 to 1 March 1971.

     h.  DD Form 256A (Honorable Discharge Certificate) that shows the applicant was honorably discharged from the U.S. Army on 1 March 1975.

11.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

12.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant received conduct and efficiency ratings of “excellent” throughout the entire period of his military service, his records do not contain any adverse information, and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII campaigns.

14.  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 that, at the time of the applicant's assignment to the 560th Military Police Company (Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

15.  Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides for award of the Combat Infantryman Badge.  This paragraph states, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

16.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted Soldiers who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.

17.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

18.  Army Regulation 600-8-22 provides that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

19.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

20.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

21.  Army Regulation 600-8-22 provides, in pertinent part, for 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 campaign or service medal, including the Vietnam Service Medal. 

22.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

23.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at 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 30 consecutive days of the period cited.

24.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, effective 1 August 1981, that all members of the Active 

Army, Army National Guard, and U.S. Army Reserve in an active Reserve status 
are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

25.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

26.  Title 10 of the United States Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or upgrading of a decoration) either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge; Army Commendation Medal; Army Achievement Medal; Good Conduct Medal; Army Service Ribbon; and the Marksman Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars.

2.  The evidence of record shows that during the applicant’s service in the RVN, from 18 January 1970 to 18 July 1970, he was assigned to Military Police units and performed duties in MOS 95B (Military Police).  There is no evidence of record that shows the applicant was assigned or attached to a combat infantry unit while serving in the RVN or that he was awarded an infantry MOS.  There are also no orders or other evidence to show the applicant was awarded the Combat Infantryman Badge.  Thus, the evidence of record fails to show that the applicant served as an infantryman who satisfactorily performed infantry duties; that he actively participated in ground combat while he was assigned or attached 


to an infantry unit of brigade, regimental or smaller size during such time as the 
unit engaged in active ground combat during his tour of duty in the RVN; or that he was awarded the Combat Infantryman Badge.  Therefore, the evidence of record fails to support the applicant’s claim to the Combat Infantryman Badge.

3.  There are no orders or other evidence to show the applicant was awarded the Army Commendation Medal.  Therefore, the evidence of record fails to support the applicant’s claim to the Army Commendation Medal.

4.  There are no orders or other evidence to show the applicant was awarded the Army Achievement Medal.  In this regard, it is noted that there is no evidence of record that shows the applicant served as a member of the armed forces of the United States, on or after 1 August 1981, which was the effective date for implementation of the Army Achievement Medal.  Therefore, the evidence of record fails to support the applicant’s claim to the Army Achievement Medal.

5.  Records show the applicant qualified for award of the Good Conduct Medal during the period 7 March 1969 through 1 March 1971 based on completion of a period of qualifying active duty enlisted service ending with the termination of a period of Federal military service.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

6.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in 3 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of
3 bronze service stars to be affixed to his Vietnam Service Medal.

7.  There is no evidence to show the applicant was awarded the Army Service Ribbon.  In this regard, it is noted that there is no evidence of record that shows the applicant served as a member of the Active Army, Army National Guard or U.S. Army Reserve in an active Reserve status and that he had an Active Army status on or after 1 August 1981, which was the effective date for implementation of the Army Service Ribbon.  Therefore, the evidence of record fails to support the applicant’s claim to the Army Service Ribbon.

8.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

9.  Records show that Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his records to show this qualification badge with the component bar.
10.  Records show that Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, it would be appropriate to correct his records to show this qualification badge with the component bar.

11.  There is no evidence to show the applicant qualified marksman with the hand grenade or that he was awarded the Marksman Marksmanship Qualification Badge with Grenade Bar.  Therefore, the evidence of record fails to support the applicant’s claim to the Marksman Marksmanship Qualification Badge with Grenade Bar.

12.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for these decorations by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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 exemplary conduct, efficiency, and fidelity for the period 7 March 1969 to 1 March 1971;

     b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal; and

     c.  adding to Item 24 of his DD Form 214 the Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.

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 Combat Infantryman Badge, Army Commendation Medal, Army Achievement Medal, Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Grenade Bar.



      __________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)                                         AR20080009970



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ABCMR Record of Proceedings (cont)                                         AR20080009970



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