IN THE CASE OF:	  

		BOARD DATE:	        14 APRIL 2009

		DOCKET NUMBER:  AR20080017192 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Good Conduct Medal, the Combat Infantryman Badge (CIB), the appropriate number of service stars for wear on his Vietnam Service Medal, two overseas service bars, the Presidential Unit Citation, the Meritorious Unit Commendation, the Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states:

	a.  his company commander took away his Good Conduct Medal in August 1968 because of 1 day’s absence without leave (AWOL);

	b.  he was wounded in a fire fight and received the Purple Heart and the Combat Infantryman Badge at the same ceremony;

	c.  he wears his Combat Infantryman Badge on every hat he has owned and, when he dies, he will bequeath it to his oldest son; and

	d.  he has served in the U.S. Army Reserve for over 20 years.

3.  The applicant provides:

	a.  a copy of his DD Form 214;

	b.  an Internet document showing the Vietnam Service Medal and the names and dates of all campaigns during the Vietnam War; and

	c.  a page from Department of the Army Pamphlet 672-3 showing the unit awards earned by the 3rd Battalion, 47th Infantry, during the Vietnam War.

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 for 2 years on 8 September 1966.  His DD Form 214 shows he served 2 years and 5 days and was honorably separated on 12 September 1968.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with device (1960), the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle bar (M-14) one overseas service bar, and the Purple Heart.

3.  The applicant served in the Republic of Vietnam from on or about 12 February 1967 to on or about 2 February 1968.  His DA Form 20 (Enlisted Qualification Record) shows he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  It also shows his Vietnam service as follows:

	a.  Headquarters and Headquarters Company, 3rd Battalion, 47th Infantry, from 20 February 1967 to 3 May 1967, with duty in MOS 11B;

	b.  Headquarters and Headquarters Company, 3rd Battalion, 47th Infantry, from 4 May 1967 to 22 September 1967, with duty in MOS 94B (Cook);

	c.  Company C, 3rd Battalion, 47th Infantry, from 23 September 1967 to 8 November 1967, with duty in MOS 11B; and

	d.  Company E, 3rd Battalion, 47th Infantry, from 9 November 1967 to 4 February 1968, with duty in MOS 11B.

4.  The applicant’s DA Form 20 shows he received uniformly "excellent" conduct and efficiency ratings from induction (8 September 1966) through his service in Vietnam (on or about 2 February 1968).  His last period of service at Fort Lewis, WA, from on or about 12 February 1968 to 12 September 1968, was not rated.  However, the DA Form  20 contains the following entry in item 42 (Remarks), "NFC for award of GCM 8 Aug 68" [not favorably considered for award of the Army Good Conduct Medal 8 August 1968].

5.  The applicant’s service records contain General Orders Number 6166, Headquarters, 9th Infantry Division, dated 13 November 1967, awarding the applicant the Purple Heart for wounds received in action on 21 October 1967.  His records confirm he was serving as an infantryman on 21 October 1967.

6.  According to historical documents located at the Center for Military History, on 20 October 1967, the 9th Infantry Division’s Mobile Riverine Force, comprised of the 3rd Battalion, 47th Infantry, joined forces with the U.S. Navy’s River Assault Squadron 9 and moved to the juncture of the Soi Rap and Vam Co Rivers.  From this base, Operation Coronado VII was initiated, with operations in the northern part of Can Giuoc District to secure the waterways while elections were being held in the Republic of Vietnam.  Both infantry and assault craft were widely dispersed to get as many American Soldiers into the area as possible.

7.  The applicant’s service records contain no orders awarding him the Combat Infantryman Badge.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any award of the Combat Infantryman Badge on file for the applicant.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  the CIB 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.  
	b.  Army Regulation 672-5-1 (Military Awards), in effect during the Vietnam era, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualified 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.

	c.  the Vietnam Service 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.  A bronze service star is affixed to the Vietnam Service Medal for each campaign period shown below.

Qualifying Campaign Periods for Service Stars

Vietnam Advisory Campaign	15 March 1962 - 7 March 1965
Vietnam Defense Campaign	8 March - 24 December 1965
Vietnamese Counteroffensive	25 December 1965 - 30 June 1966
Vietnamese Counteroffensive Phase II	1 July 1966 - 31 May 1967
Vietnamese Counteroffensive Phase III	1 June 1967 - 29 January 1968
Tet Counteroffensive	30 January - 1 April 1968
Vietnamese Counteroffensive Phase IV	2 April - 30 June 1968
Vietnamese Counteroffensive Phase V	1 July - l November 1968
Vietnamese Counteroffensive Phase VI	2 November 1968 - 22 February 1969
Tet 69 Counteroffensive	23 February - 8 June 1969
Vietnam Summer - Fall 1969	9 June - 31 October 1969
Vietnam Winter - Spring 1970	1 November 1969 - 30 April 1970
Sanctuary Counteroffensive	1 May - 30 June 1970
Vietnamese Counteroffensive Phase VII	1 July 1970 - 30 June 1971
Consolidation I	1 July 1971 - 30 November 1971
Consolidation II	1 December 1971 - 29 March 1972
Vietnam Ceasefire Campaign	30 March 1972 - 28 January 1973

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 47th Infantry, the unit to which the applicant 
was assigned, was cited for award of the Presidential Unit Citation for the period 29 January to 4 March 1968 by Department of the Army General Order Number 45, dated 1969, and the Meritorious Unit Commendation for the period 1 January to 31 December 1968 by Department of the Army General Order Number 36, dated 1970.  The unit was also awarded the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969.

10.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  It provided that a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in the regulation or in appropriate Department of the Army messages.  There were special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of bars.  The regulation further stated the overseas service bar was an item of uniform wear.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show the Good Conduct Medal, the Combat Infantryman Badge, the appropriate number of service stars for wear on his Vietnam Service Medal, two Overseas Service Bars, the Presidential Unit Citation, the Meritorious Unit Commendation, the Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant had uniformly "excellent" conduct and efficiency ratings during his first 17 months of service; however, his duty performance was not rated during the period from his return from Vietnam to his separation.  His commander rejected him for award of the Army Good Conduct Medal in August 1968, but the reason for this rejection is unknown.  Administrative regularity is presumed in the matter of the applicant’s non-receipt of the Army Good Conduct Medal.

3.  The applicant’s records do not contain orders awarding him the CIB.  The applicant contends he was awarded the CIB on the same date he was awarded his Purple Heart.  Orders are present awarding the applicant the Purple Heart for "wounds received in connection with military operations against a hostile force" during action on 21 October 1967.  The applicant’s statement he was awarded the CIB along with his Purple Heart is accepted because:

	a.  he was wounded in action on 21 October 1967;
	b.  he held an infantry MOS and was performing infantry duties in an infantry company; and

	c.  according to the Center for Military History, his unit participated in Operation Coronado VII beginning on 20 October 1967, which lends credence to his argument he engaged in combat operations.

4.  Department of the Army Pamphlet 672-3 provides the applicant’s unit was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure with the unit.  These unit decorations should be added to his DD Form 214.

5.  The applicant served in Vietnam during three named campaigns:  Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967), Vietnamese Counter-offensive Phase III (1 June 1967 - 29 January 1968), and Tet Counteroffensive (30 January - 1 April 1968).  He is entitled to have three bronze service stars affixed to his Vietnam Service Medal.

6.  Overseas service bars are designated as items of uniform wear and are not normally authorized for inclusion on the DD Form 214.  However, the applicant's DD Form 214 already shows one overseas service bar, but he is authorized to wear two.  Therefore, his DD Form 214 should be amended to reflect two overseas service bars.

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.  deleting the Vietnam Service Medal and the one overseas service bar from his DD Form 214;
	b.  adding the Vietnam Service Medal with three bronze service stars, two overseas service bars, the CIB, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 the Army Good Conduct Medal.



      ________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)                                         AR20080017192



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ABCMR Record of Proceedings (cont)                                         AR20080017192



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