IN THE CASE OF:	   

		BOARD DATE:	        21 October 2008 

		DOCKET NUMBER:  AR20080012049 


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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, the Bronze Star Medal, the Purple Heart, one additional bronze service star to be affixed to his Vietnam Service Medal, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Overseas Service Bar, and the Good Conduct Medal.  He also requests that the entry, “Republic of Vietnam Campaign Medal” on his DD Form 214 be corrected to show the Republic of Vietnam Campaign Medal with Device (1960) and that his dates of service in Vietnam be shown in item 30 (Remarks) on his DD Form 214.   

2.  The applicant states, in effect, that he was awarded the Combat Infantryman Badge and the Bronze Star Medal and that they are documented in item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record); that he was awarded the Purple Heart for wounds received in action on 
2 January 1968 in Vietnam; and that he participated in three campaigns during his assignment in Vietnam.  He contends that his unit received the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He also states that he is eligible for two awards of the Overseas Service Bar and that the entry “Republic of Vietnam Campaign Medal” does not denote “with 60 device.”  He points out that his service personnel records reflect only one nonjudicial punishment and that his dates of service in Vietnam are not shown in item 
30 on his DD Form 214.   
3.  The applicant provides nine enclosures outlined on pages 4 and 5 of his statement.

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 was inducted on 24 August 1966.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 3 February 1967.  He served in MOS 11B assigned to Company C, 2nd Battalion, 12th Cavalry of the 1st Cavalry Division in Vietnam from 
11 February 1967 until he was hospitalized on 25 July 1967.  He returned to his unit in Vietnam on 14 August 1967.  On 6 February 1968, the applicant was transferred to the United States.  On 23 August 1968, he was released from active duty in the temporary rank of sergeant after completing 2 years of creditable active service with no time lost.  

3.  The applicant’s DD Form 214 shows the Air Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  His DD Form 214 shows he was separated from the service on temporary records and a Soldier’s affidavit.   

4.  Item 41 on the applicant’s DA Form 20 shows, in pertinent part, handwritten entries, “Bronze Star” and “CIB [Combat Infantryman Badge].”  However, there are no orders for the Combat Infantryman Badge or the Bronze Star Medal in the available records.

5.  Headquarters, 2d Surgical Hospital General Orders Number 2, dated 
3 January 1968, show the applicant received the Purple Heart for wounds received in action on 2 January 1968 in Vietnam. 

6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 1187, dated 28 February 1968, show the applicant received the Bronze Star Medal.

7.  On 26 July 1968, nonjudicial punishment was imposed against the applicant for failing to stop at a stop sign and operating a vehicle without a license.  His punishment consisted of a forfeiture of pay, restriction, and extra duty.

8.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

9.  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 (2nd Battalion, 12th Cavalry) was awarded the Valorous Unit Award for actions during the period 2 January 1968 to 12 February 1968 based on Department of the Army General Orders Number 42, dated 1970.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit (2nd Battalion, 12th Cavalry) was awarded the Valorous Unit Award for actions during the period 1-31 October 1967 based on Department of the Army General Orders Number 39, dated 1970.

11.  Department of the Army Pamphlet 672-3 shows the 1st Cavalry Division was awarded the Meritorious Unit Commendation for actions during the period 
1 September 1967 to 31 October 1968 based on Department of the Army General Orders Number 37, dated 1970.  However, Department of the Army General Orders Number 37, dated 1970, does not show the entire 1st Cavalry Division was awarded this unit award.  The 9th Cavalry was, but not the 12th Cavalry. 

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit (2nd Battalion, 12th Cavalry) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

13.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

14.  Army Regulation 600-8-22 (Military Awards) 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.

15.  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.  

16.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

17.  Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  In pertinent part, it states that one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U. S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival in Vietnam and the month of departure from Vietnam will count as a whole month for credit toward the overseas service bar.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  

19.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

20.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  The regulation, in effect at the time, provided that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

DISCUSSION AND CONCLUSIONS:

1.  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 wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  Orders show the applicant received the Bronze Star Medal and the Purple Heart.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal with two bronze service stars.  However, he participated in three campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with three bronze service stars.

4.  The applicant’s unit received the Presidential Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.

5.  It is noted that the Department of the Army Pamphlet 672-3 shows the 1st Cavalry Division was awarded the Meritorious Unit Commendation based on Department of the Army General Orders Number 37, dated 1970.  However, these orders do not show the entire 1st Cavalry Division was awarded this unit award.  Therefore, there is insufficient evidence on which to amend the applicant’s DD Form 214 to show the Meritorious Unit Commendation. 

6.  Based on Army Regulation 670-1, overseas service bars are items to be worn on the Soldier’s uniform and are not awards or decorations.  

7.  The applicant’s DD Form 214 incorrectly shows the Republic of Vietnam Campaign Medal.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Campaign Medal with Device (1960). 

8.  The applicant was separated in the temporary rank of sergeant with 
2 years of creditable active service with no time lost and one nonjudicial punishment for a minor infraction.    It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 24 August 1966 through 23 August 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

9.  Based on the applicant’s service in Vietnam from 3 February 1967 to 
6 February 1968, and in accordance with the governing regulation, item 30 on his DD Form 214 should be corrected to show his inclusive dates of service in Vietnam.

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: 

	a.  awarding him the Combat Infantryman Badge;

	b.  awarding him the first award of the Good Conduct Medal for the period 
24 August 1966 through 23 August 1968;  

	c.  deleting the entries, “Vietnam Service Medal w/2 Bronze Service Stara (sic)” and “Republic of Vietnam Campaign Medal” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214;  

   d.  adding the Combat Infantryman Badge, the Good Conduct Medal, the Bronze Star Medal, the Purple Heart, the Vietnam Service Medal with three bronze service stars, the Presidential Unit Citation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Campaign Medal with Device (1960) to item 24 on his DD Form 214; and

	e.  adding the entry, “Service in Vietnam:  3 February 1967 to 6 February 1968” in item 30 on 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 award of the Meritorious Unit Commendation and two awards of the Overseas Service Bar.  


      _____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)                                         AR20080012049



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ABCMR Record of Proceedings (cont)                                         AR20080012049



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