IN THE CASE OF:	  

		BOARD DATE:	        23 DECEMBER 2008

		DOCKET NUMBER:  AR20080011825 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued at the time of his discharge on 4 May 1972, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show the award of the Vietnam Service Medal, a "V" (for Valor) device, that his primary military occupational specialty (PMOS) was 16F2P (Light Air Defense Artillery Crewman with Parachutist Qualification), and his service in Vietnam.  He also requests a review to determine if he is entitled to a combat badge.

2.  The applicant states that his Vietnam Service Medal and his Vietnam service are not shown on his DD Form 214 and that he should have been awarded a "V" device.  He also states that he volunteered for Vietnam to serve with "duster" units while training for NIKE HERCULES School.  He further states that he arrived in Vietnam in January 1971 and was assigned for duty in MOS 16F as an M41 Walker Bulldog [a light American tank at the time] gunner manning a "duster" [a self-propelled anti-aircraft gun].   He further states, in effect, that his application should be considered because he should have the honor of showing that he served in a combat MOS in Vietnam.

3.  The applicant provides his DD Form 214 in support of this application.





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 show that he enlisted in the Regular Army on 15 December 1969.  He completed basic and advanced individual training and was awarded PMOS 94B (Cook).  After completing airborne training he was reassigned to Fort Bragg, North Carolina in June 1970 where he served as a Cook.  On 10 September 1970, he reenlisted in the Regular Army for the Army Air Defense Command (ARADCOM) Enlistment Option with an ultimate assignment in the Boston metropolitan area.  On 9 October 1970, he was reassigned to Fort Bliss, Texas for advanced individual training in an air defense artillery MOS; however, on 10 October 1970, he waived his ARADCOM reenlistment commitment in order to retain his PMOS of 94B.  On 30 November 1970, he reenlisted in the Regular Army for the United States Army Pacific Command Enlistment Option.  He departed for the Republic of Vietnam on 
22 January 1971 and was initially assigned as a gunner in duty MOS 16F with Battery A, 4th Battalion, 60th Artillery.  On 6 July 1971, he was reassigned to Battery B of the same battalion and continued serving as a gunner in duty MOS 16F.  He returned to the continental United States on 4 December 1971 and was reassigned back to Fort Bragg where he again served in his PMOS of 94B.  On
4 May 1972, he was honorably discharged due to hardship.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the basic Parachutist Badge.

3.  Although the applicant served in Vietnam from 22 January 1971 to
4 December 1971 his DD Form 214 does not contain an entry specifically showing this service.

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  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 
4th Battalion, 60th Artillery, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 54, dated 1974.

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B, Table B-1 contains a list of Vietnam campaigns.  It shows that during the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive Phase VII, the Consolidation I, and the Consolidation II campaigns.

7.  The applicant's DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  However, he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar by Headquarters, 1st Advanced Individual Training Brigade (Air Defense), Fort Bliss, Orders Number 168, dated 2 December 1970.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the "V" device is a bronze block letter "V," 1/4-inch high with serifs at the top of the numbers.  It is worn to denote participation in acts of heroism involving conflict with an armed enemy.  It was originally worn only on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor).  Effective 
29 February 1964, the "V" device was also authorized for wear on the Air Medal and the Army Commendation Medal for heroic acts or valorous deeds not warranting awards of the Distinguished Flying Cross or the Bronze Star Medal with "V" device.  Effective 25 June 1963, the "V" device was authorized additionally for wear on the Joint Service Commendation Medal when the award is for acts of valor (heroism) during participation in combat operations.  

9.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “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 and warrant officer persons who have an infantry military occupational specialty (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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the preparation of entries on the DD Form 214.  For item 23a (Specialty Number and Title), it stated that the PMOS code number, title, and date of award would be entered.  

12.  Army Regulation 635-5, in effect at the time, provided that Item 30 of the 
DD Form 214 would be used to complete entries that were too long for their respective blocks.  It also provided specific entries that were to be entered in that block as well.  None of those entries were related to an individual’s service in a combat theater.  However, an edition of Army Regulation 635-5 which superseded the edition in effect at the time of the applicant’s discharge provided that an entry would be entered in the remarks section of the DD Form 214 to indicate inclusive dates of service in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the award of the Vietnam Service Medal, a "V" device, that his PMOS was 16F2P, and his service in Vietnam.  He also requested a review to determine if he is entitled to a combat badge.

2.  The applicant requested that his DD Form 214 be corrected to show the award of the Vietnam Service Medal.  As the applicant's DD Form 214 already lists his award of the Vietnam Service Medal, there is no basis for entering this medal a second time.  However, the applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  The applicant also requested that his DD Form 214 be corrected to show a "V" device.  It is unclear why the applicant believes that his DD Form 214 should be corrected to shows a "V" device.  The applicant was not awarded any medal which authorized a "V" device to be affixed to it, and there is no evidence in his military records of any heroic or valorous acts which could possibly justify awarding him an award of a Bronze Star Medal or Army Commendation Medal with "V" Device.  In view of the foregoing, there is no basis for correcting his
DD Form 214 to show any award with a "V" device.

4.  The applicant also requested that his DD Form 214 be corrected to show that his PMOS was 16F2P.  While the applicant believes that his DD Form 214 should be corrected to show that his MOS was 16F2P, he was never officially awarded this MOS, and orders properly awarded him PMOS 94B, which is listed on his DD Form 214.  The fact that the applicant served in duty MOS 16F in Vietnam was noted; however, that does not change the fact that his DD Form 214 properly shows that his primary MOS was 94B.  As a result, there is no basis for granting relief to this portion of the applicant's MOS.

5.  The applicant served in Vietnam from 22 January 1971 to 4 December 1971, and subsequent editions of Army Regulation 635-5 have provided that an entry would be entered in the remarks section of the DD Form 214 to indicate inclusive dates of service in Vietnam.  As a result, it would be appropriate at this time to correct item 30 of his DD Form 214 to show that he served in Vietnam from 
22 January 1971 to 4 December 1971.

6.  The applicant requested that a review be conducted to determine if he is entitled to a combat badge.  The applicant did not meet the qualifications for award of the Combat Infantryman Badge or the Combat Medical Badge, which were the two combat badges in effect during the applicant's military service.  There is also no evidence that he made a combat parachute jump.  Therefore, there is no basis for awarding him a combat badge or a bronze service star to be affixed to his already-awarded basic Parachutist Badge.

7.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 4th Battalion, 60th Artillery while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his military records to show this unit award.

8.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar.
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.  adding an entry to item 30 of his DD Form 214 which shows that he served in Vietnam from 22 January 1971 to 4 December 1971; and

	b.  adding to his DD Form 214 three bronze service stars for wear on his already-awarded Vietnam Service Medal; the Expert Marksmanship Qualification Badge with Rifle Bar, and the 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:

	a.  awarding him a "V" device;

	b.  showing that his PMOS was 16F2P; or

	c.  awarding him a combat badge or a bronze service star to be affixed to his already-awarded basic Parachutist Badge.



      _________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)                                         AR20080011825



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ABCMR Record of Proceedings (cont)                                         AR20080011825



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