IN THE CASE OF:	  

		BOARD DATE:	 18 NOVEMBER 2008 

		DOCKET NUMBER:  AR20080013662 


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, in a request he submitted through his Member of Congress (MOC), requests that all awards he earned in Vietnam be added to his DD Form 214 (Report of Separation from Active Duty).

2.  In a letter addressed to his MOC and included as an addendum to his DD Form 149 (Application for Correction of Military Record) the applicant states, in effect, that he was awarded the Bronze Star Medal, the Purple Heart, the Air Medal, the Army Commendation Medal, the Combat Infantryman Badge, and the Vietnam Service Medal with either two or three bronze service stars.

3.  The applicant provides a copy of his DD Form 214; a copy of page 4 of his DA Form 20 (Enlisted Qualification Record); a copy of a photograph alleged to be of himself; and a statement addressed "To Whom It May Concern," prepared by a former fellow Soldier who served with the applicant in the 414th Signal Company at Fort George G. Meade in 1972.

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 records show he enlisted in the Regular Army on 26 October 1971.  He completed basic combat training at Fort Campbell, Kentucky, and his advanced individual training at Fort Benjamin Harrison, Indiana.  After completing all required training, he was awarded the military occupational specialty (MOS) 71F (Postal Clerk).

3.  The applicant served in Vietnam from 17 March 1972 through 16 June 1972 with the 56th Army Postal Unit and with the 38th Base Post Office.

4.  The applicant was honorably released from active duty on 13 December 1974 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 2, at the expiration of his term of service.  He was separated in the rank and pay grade of Specialist Four, E-4.  On the date he was released from active duty he had completed 2 years, 11 months, and 21 days active military service with 57 days time lost from 20 June 1972 through 15 August 1972 due to confinement.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).  The Bronze Star Medal, the Purple Heart, the Air Medal, the Army Commendation Medal, the Combat Infantryman Badge, and the two or three bronze service stars the applicant alleges to have been awarded are not shown on his DD Form 214.  The Vietnam Service Medal is shown, but it is shown without bronze service stars.

6.  There are no orders in the applicant's military personnel records awarding him the Bronze Star Medal, the Purple Heart, the Air Medal, the Army Commendation Medal, or the Combat Infantryman Badge.

7.  A search of the Awards and Decorations Computer-assisted Retrieval System (ADCARS) was made for orders awarding the applicant the Bronze Star Medal, the Purple Heart, the Air Medal, the Army Commendation Medal, and the Combat Infantryman Badge.  No orders for these awards were found in the ADCARS.

8.  There is no entry in item 40 (Wounds) of the applicant's DA Form 20 to show that he received a wound in action against a hostile force.

9.  The applicant's name does not appear on the Vietnam Casualty List.

10.  There is no entry in item 41 (Awards and Decorations) of the applicant's DA Form 20 showing that he was awarded the Bronze Star Medal, the Purple Heart, the Air Medal, the Army Commendation Medal, or the Combat Infantryman Badge.  The Vietnam Service Medal is shown, but it is shown without bronze service stars.

11.  The applicant's record shows that while in Vietnam he only held and performed the duties related to the MOS 71F in the 56th Army Postal Unit and with the 38th Base Post Office.

12.  There is no evidence the applicant was assigned to an infantry unit or that he held an infantry MOS.  There is no evidence the applicant ever engaged the enemy while he was either assigned or attached to an infantry unit.  There is no evidence he was ever placed on flight status or that he served with an aviation unit and flew either combat or combat support missions with an aviation unit while he served in Vietnam.

13.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for his campaign participation.

14.  While in Vietnam, the applicant participated in the following two campaigns of the Vietnam Conflict:  the Consolidation II, which extended from 1 December 1971 through 29 March 1972; and the Vietnam Cease-Fire, which extended from 30 March 1972 through 28 January 1973.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the units the applicant was assigned to were awarded the Meritorious Unit Commendation for the period 1 September 1971 through 25 June 1972, by Department of the Army General Orders (DAGO) 32, dated 1973.

16.  DA Pamphlet 672-3 also shows that the applicant's units, subordinate units of the United States Army, Vietnam, were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973 by DAGO 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

20.  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.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.  The applicant served in Vietnam less than six months, was not medically evacuated, and therefore did not meet the criteria for award of the Republic of Vietnam Campaign Medal.

22.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

23.  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 personnel 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 Total Army Personnel Command [now the 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.

24.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to and present for duty with the unit 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.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant's record show that while in Vietnam he only held and performed the duties of a Postal Clerk in the MOS 71F in postal units.

3.  There is no evidence the applicant was ever assigned to or attached to an infantry unit or that he held an infantry MOS and engaged the enemy while he was either assigned or attached to an infantry unit while he served in Vietnam.

4.  There is no evidence the applicant was ever placed on flight status or that he served with an aviation unit and flew either combat or combat support missions with an aviation unit while he served in Vietnam.

5.  There is no evidence the applicant was ever recommended for and received the Bronze Star Medal, the Purple Heart, the Air Medal, the Army Commendation Medal, or the Combat Infantryman Badge as he contends.  The applicant alleges to have been awarded these awards; however, the evidence does not support his contention.  Based on the evidence of record, he is not entitled to have these awards added to his DD Form 214.

6.  The evidence does show that the applicant participated in two campaigns during his tour of duty in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have them shown on his separation document.

7.  The applicant served in units which were awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is therefore entitled to these unit awards and to have them added to his DD Form 214.

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 two bronze service stars to be affixed to his already-awarded Vietnam Service Medal to denote his participation in two campaigns while he served in Vietnam and to be shown on his DD Form 214 as the Vietnam Service Medal with two bronze service stars, and

	b.  awarding the applicant the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and adding these awards 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 addition of the Bronze Star Medal, the Purple Heart, the Air Medal, the Army Commendation Medal, and the Combat Infantryman Badge to the applicant's DD Form 214.



      _____________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)                                         AR20080013662



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ABCMR Record of Proceedings (cont)                                         AR20080013662



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