IN THE CASE OF:	  

		BOARD DATE:	        25 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080012344 


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 amendment of his Report of Transfer or Discharge (DD Form 214) to show that he was awarded the Good Conduct Medal, the Presidential Unit Emblem, the Valorous Unit Emblem, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with Device (1960).  He also requests that his Enlisted Qualification Record (DA Form 20) be corrected to show his military occupational specialty (MOS) as heavy weapons infantryman (11C1O).

2.  The applicant states that he should be furnished a Correction to DD Form 214 (DD Form 215) to reflect all of his awards.

3.  The applicant provides in support of his application, a copy of his DD Form 214; a copy of the first and second pages of his DA Form 20; a copy of the first, second and third pages of his Service Record (DA Form 24); a copy of an Authorization for Issuance of Awards (DA Form 1577), dated 2 January 2002; a copy of Permanent Orders 289-3, dated 16 October 1995; and a copy of a letter from an attorney, addressed to a retired colonel, dated 31 August 1995, attesting to his duties and his qualifications for award of the Combat Infantryman Badge. 

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 into the Army of the United States on 9 November 1963 in New York, New York.  

3.  Special Orders Number 238, published by Headquarters, 3rd Training Regiment, Fort Dix, NJ, dated 18 December 1963, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  He went on to successfully complete his training as a heavy weapons infantryman in MOS 112.00.  He was transferred to Vietnam on 17 August 1965.

4.  While in Vietnam, the applicant participated in the Vietnam Defense Campaign, which extended from 8 March 1965 through 24 December 1965. 

5.  The applicant returned to the Continental United States on 20 October 1965.  On 9 November 1965 he was released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the “Expert (Rifle M-14).”  His DD Form 214 also shows that he was awarded an 11C1O MOS.  At the time of his REFRAD his MOS of 112.00 had been converted to MOS 11C1O, which was the new MOS of a heavy weapons infantryman.

6.  Page 1 of the applicant’s DA Form 20 shows his MOS as 11C2O and page 4 of his DA Form 20 shows his Duty MOS as 112.00.  However, his DA Form 20 also reflects his principal duty as Aircraft Armorer.

7.  Permanent Orders 289-3, published by U.S. Army Total Personnel Command, Alexandria, VA, dated 16 October 1995, awarded the applicant the Combat Infantryman Badge for satisfactory performance of infantry duties in active ground combat from 17 September 1965 to 3 November 1965.

8.  On 17 September 2001, the applicant’s State Senator was notified by the National Personnel Records Center that he (the applicant) was entitled to the Good Conduct Medal, the Presidential Unit Emblem, the Valorous Unit Emblem, 

the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Ribbon with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Badge with Rifle Bar.

9.  On 2 January 2002, the United States Army Soldier and Biological Chemical Command furnished the applicant the Good Conduct Medal, the Presidential Unit Emblem, the Valorous Unit Emblem, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with Device (1960). 

10.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

11.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  

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

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974 and the Presidential Unit Citation based on DAGO Number 40 dated 1967.

14.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense Campaign during his tour of duty in the 
Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

DISCUSSION AND CONCLUSIONS:

1.  The words “Expert Badge” was placed on the applicant’s DD Form 214 instead of the proper terminology.  Special Orders Number 238 was published awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, the proper terminology should be included on his DD Form 214. 

2.  Permanent Orders 289-3 was published on 16 October 1995, awarding the applicant the Combat Infantryman Badge.  Therefore this award should be included on his DD Form 214.

3.  The applicant’s records show that he is also entitled to the Good Conduct Medal, the Presidential Unit Citation, the Valorous Unit Award, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should also be included on his DD Form 214.

4.  The applicant’s DD Form 214 reflects 11C1O, Heavy Weapons Infantryman as his MOS number and title.  His DA Form 20 reflects 112.00 (later converted to 11C20) as his MOS number with duty title as Aircraft Amorer.  Although it 
appears the corresponding duty title for his MOS is incorrect, the DA Form 20 is an obsolete form.  Therefore, there are no provisions for correcting a form that no longer exists.

5.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the “Expert (Rifle M-14)” from his DD Form 214;

   b.  awarding him the Good Conduct Medal for exemplary service from 9 November 1963 to 8 November 1965;

   c. showing that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Combat Infantryman Badge, the Good Conduct Medal, the Presidential Unit Citation, the Valorous Unit Award, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   d. providing the applicant a correction to his separation document as a result of these changes.



      ___        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)                                         AR20080012344



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ABCMR Record of Proceedings (cont)                                         AR20080012344



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