IN THE CASE OF:	  

		BOARD DATE:	        13 AUGUST 2009

		DOCKET NUMBER:  AR20090005312 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as that of a sergeant (SGT)/E-5; award of the Presidential Unit Certificate, the Presidential Company Certificate, the Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge (Rifle M-16), the Expert Marksmanship Qualification Badge Machinegun (M-60), the Expert Marksmanship Qualification Badge (Pistol .45 Caliber), the Air Assault Ribbon (i.e Air Assault Badge), and two additional awards of the Purple Heart; and completion of the Americal Combat Leaders Course.

2.  The applicant states, in effect, his DD Form 214 does not show completion of the Americal Combat Center combat leadership school and/or all his awards, decorations, or badges.  He adds that he sustained two additional combat-related injuries in the Republic of Vietnam and that he never had any bad reports or statements written against him.  He further adds that he was assigned to a unit that was actively involved in 6 to 8 different air assaults during his service in Vietnam and concludes by stating that he was recommended for promotion to SGT/E-5. 

3.  The applicant provides a copy of his DD Form 214, dated 3 February 1970; a copy of a certificate, dated 26 April 1969, showing completion of the Americal 

Combat Leaders Course on 28 January 1971; and five DA Forms 3356-R (Board Member Appraisal Sheets), dated 26 March 1969, recommending him for promotion to SGT/E-5.  

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 was inducted into the Army of the United States on 18 April 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was honorably discharged, on 22 July 1969, for the purpose of immediate reenlistment and he executed a 3-year reenlistment on    23 July 1969.  

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 26 September 1968 to on or about 20 September 1969.  He was assigned to Company A, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade, Americal Division.

4.  On 26 March 1969, the applicant’s immediate commander recommended him for promotion from specialist four (SP4)/E-4 to SGT/E-5.  He subsequently appeared before the 2nd Battalion, 1st Infantry Regiment SGT/Staff Sergeant (SSG) Promotion Board, he was selected for promotion by a majority of the Board members, and he was placed on the Standing Promotion List effective 5 July 1969.

5.  On or about 19 January 1970, the applicant submitted an application for a hardship discharge.  His request was ultimately approved and he was honorably released from active duty, on 3 February 1970, and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation. 

6.  Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) of his DD Form 214 show the entries "SP4/E-4."

7.  Item 24 (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 with a bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Purple Heart, and the Army Commendation Medal.

8.  Item 25 (Military Education) does not show completion of the Americal Combat Leaders Course.

9.  Headquarters, Americal Division, General Orders Number 4210, dated 25 May 1969, show the applicant was awarded the Purple Heart for wounds received in action on 24 May 1969.

10.  There are no general orders in the applicant's records that show he was wounded as a result of hostile action and awarded two additional Purple Hearts.

11.  The applicant’s name is shown on the Vietnam casualty roster as being wounded in action on 24 May 1969 as a result of hostile action.  The roster does not reflect any other combat wounds/injuries.

12.  During the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States 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 more than one award of the Purple Heart for the applicant. 

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.

14.  The applicant’s records do not contain certificates of training or orders showing completion of the Air Assault Course and/or award of the Air Assault Badge.

15.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, although the applicant's DA Form 20 (Enlisted Qualification Record) is not available for review with this case, item 7 (Enlisted Efficiency Report) of his DA Form 3355-R (Promotion Points Worksheet) shows he received the maximum number of promotion points for efficiency, suggesting he had received "excellent" conduct and efficiency ratings during his military service.

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 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.

17.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 211, dated 19 August 1968, show the applicant was awarded the Marksman Marksmanship Qualification Badge (Rifle M-16) and the Expert Marksmanship Qualification Badge Machinegun (M-60).

18.  The applicant submitted a copy of a certificate, dated 26 April 1969, that shows he completed the Americal Combat Leaders Course.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 2nd Battalion, 1st Infantry, was awarded the Valorous Unit Award from 11 August 1969 to 31 August 1969 based on Department of the Army General Orders Number 43, dated 1972, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 24 August 1969 to 31 December 1969 based on Department of the Army General Orders 42, dated 1972.  However, there is no indication that the 2nd Battalion, 1st Infantry was awarded the Presidential Unit Citation.   

20.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases V and VI; the TET 1969 Counteroffensive; and the Vietnam Summer-Fall 1969 campaigns 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.

21.  Army Regulation 600-8-22 sets forth the requirements for award of the Air Assault Badge.  The Air Assault Badge was approved by the Chief of Staff, Army, on 18 January 1978, for Army-wide wear by individuals who successfully completed Air Assault training after 1 April 1974.  The Badge had previously been approved as the Airmobile Badge authorized for local wear by the Commander of the 101st Airborne Division, effective 1 April 1974.  The basic eligibility criteria consist of satisfactory completion of an air assault training course according to the Army Training and Doctrine Command (TRADOC) standardized Air Assault Core Program of Instruction, or the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) since 1 April 1974.  The Badge may be approved by Commanders of divisions and separate brigades or the Commander, 101st Airborne Division (Air Assault).

22.  Army Regulation 600-8-22 sets forth the requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  

23.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders.  

24.  Paragraph 7-25 of Army Regulation 600-200 states, in pertinent part, that promotions will be made from current recommended list by 8-character MOS on the first calendar day of the month in which promotions are authorized. Promotion orders may be published with future effective dates.  Individuals must complete the required active Federal service for promotion to grade E-5 as follows: 36 months time in service (TIS) in the primary zone and 24 months TIS in the secondary zone.  Promotion point cutoff scores announced monthly for the for the primary zone list will be used to promote individuals from that list only and promotion point cutoff scores announced for the secondary zone list will be used to promote from that list only.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show 
his rank/grade as that of a SGT/E-5; award of the Presidential Unit Citation, the Presidential Unit Certificate, the Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge (Rifle M-16), the Expert Marksmanship Qualification Badge Machinegun (M-60), the Expert Marksmanship Qualification Badge (Pistol .45 Caliber), the Air Assault Badge, and two additional awards of the Purple Heart; and completion of the Americal Combat Leaders Course.

2.  The evidence of record confirms the applicant served honorably during the period 17 April 1968 through 3 February 1970.  He completed a combat tour in Vietnam, was awarded the Purple Heart and the Combat Infantryman Badge, and it appears reasonable to believe, based on his awards and recommendation for promotion, that he received "excellent" efficiency and conduct ratings throughout his military service. Lacking any derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal, it would be appropriate to award the applicant the Army Good Conduct Medal based on the termination of a period of Federal military service and to correct his records to show this award.

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

5.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge (Rifle M-16) and the Expert Marksmanship Qualification Badge Machinegun (M-60) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  The evidence of record shows that the applicant completed the Americal Combat Leaders Course on 26 April 1969 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show completion of this course.


7.  With respect to the two additional awards of the Purple Heart, there is no evidence in the applicant’s records and the applicant did not provide any evidence that shows he suffered two additional combat wounds, or that he was treated for such wounds, or that his treatment was made a matter of official records.  In the absence of documentary evidence that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of two additional Purple Hearts in this case.

8.  With respect to the Air Assault Badge, this badge was approved on 18 January 1978 for Army-wide wear by individuals who successfully completed Air Assault training after 1 April 1974.  There is no evidence that the applicant completed air assault training and/or was awarded this badge, as he separated in February 1974.  Although the badge had previously been approved as the Airmobile Badge and was authorized for local wear by the Commander of the 101st Airborne Division, there is no provision to list that badge on the DD Form 214.

9.  With respect to the Expert Marksmanship Qualification Badge with Pistol Bar, there is no evidence in the available records and the applicant did not provide any substantiating evidence that shows he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar.  Therefore, there is insufficient evidence to grant the applicant the requested relief.

10.  With respect to the Presidential Unit Citation, although not specifically requested by the applicant, there is no evidence that the applicant’s unit in Vietnam was awarded the Presidential Unit Citation or that the applicant was assigned and/or attached to any other unit that was awarded the Presidential Unit Citation.  Therefore, there is insufficient evidence to grant him relief.

11.  With respect to the Presidential Unit Certificate and the Presidential Company Certificate, commanders at all levels of the chain of command may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing a Department of the Army Certificate of Achievement or a certificate of local design.  Although copies of these certificates may be filed in the official record, there is no distinguishing device authorized for wear to indicate the receipt of a certificate of achievement and there is no provision to list such certificates on the DD Form 214. 

12.  With respect to the applicant’s request for promotion to SGT/E-5, the evidence of record shows the applicant was recommended for promotion to 

SGT/E-5, he appeared before the SGT/SSG Promotion Board, and was integrated on the Promotion Standing List.  However, there is no evidence that he met the announced monthly cut-off scores for his MOS or that he was issued a promotion order announcing his promotion to SGT/E-5.  In the absence of promotion orders, there is insufficient evidence to grant the applicant the requested relief.  

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 the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 April 1968 through 3 February 1970;

	b.  deleting the following entry from item 24 of the applicant's DD Form 214 issued on 3 February 1970, "Vietnam Service Medal with Bronze Service Star";

	c.  adding to item 24 of the applicant's DD Form 214 issued on 3 February 1970 the following:  the Good Conduct Medal (1st Award), the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, the Marksman Marksmanship Qualification Badge (Rifle M-16), and the Expert Marksmanship Qualification Badge Machinegun (M-60); and

	d.  adding to item 25 of his DD Form 214 the Americal Combat Leaders Course.

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 two additional Purple Hearts, the Air Assault Badge, the Presidential Unit Certificate, the Presidential Company Certificate, the Expert Marksmanship Qualification Badge (Pistol .45 Caliber), and promotion to SGT/E-5. 




      _______ _   __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)                                         AR20090005312



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ABCMR Record of Proceedings (cont)                                         AR20090005312



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