IN THE CASE OF:	  

		BOARD DATE:	       9 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090005518 


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 separation document to show two awards of the Purple Heart, the Army Commendation Medal with "V" Device, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and "Overseas Ribbon."
  
2.  The applicant states he served as an infantryman in Vietnam from 20 August 1969 to 14 August 1970 and was awarded the Purple Heart on two occasions for wounds received in combat.

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); four Headquarters, Americal Division (U.S. Army Vietnam (USARV)) orders; and a
DA Form 4980-14 (The Army Commendation Medal Certificate).

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 in the Army of the United States and entered active duty for a period of 24 months on 17 March 1969.  Upon completion of training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 31 (Foreign Service) he served overseas in the Republic of Vietnam (RVN) from 18 August 1969 through 17 August 1970.

   b.  Item 38 (Record of Assignments), in pertinent part, he was assigned to Company B, 3rd Battalion, 21st Infantry, 196th Infantry Brigade (RVN), from
31 August through 17 September 1969; assigned to Company D, 3rd Battalion, 21st Infantry, 196th Infantry Brigade (RVN), from 18 September 1969 through
3 March 1970; assigned to Headquarters and Headquarters Company,
3rd Battalion, 21st Infantry, 196th Infantry Brigade (RVN), from 4 March through 5 August 1970; and assigned to Company D, 3rd Battalion, 21st Infantry,
196th Infantry Brigade (RVN), from 6 through 12 August 1970.  This item also shows that the applicant exclusively received conduct and efficiency ratings of "excellent" throughout the entire period of his military service.

   c.  Item 39 (Campaigns) he served in the RVN during the Vietnam Summer-Fall 1969 and (an unnamed) 12th campaign.

   d.  Item 40 (Wounds) he sustained a fragment wound to his right neck on
22 September 1969, a fragment wound to his left hand on 29 January 1970, and a laceration of his chest on 4 May 1970.

   e.  Item 41 (Awards and Decorations) he was authorized two awards of the Purple Heart, three awards of the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.  This item also shows, in pertinent part, the Combat Infantryman Badge was awarded per Headquarters, Americal Division (USARV), Special Orders 292, dated
19 October 1969.

4.  Headquarters, Americal Division (USARV), General Orders Number 12561, dated 12 December 1969, in pertinent part, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 22 September 1969.

5.  Headquarters, Americal Division (USARV), General Orders Number 1663, dated 19 February 1970, in pertinent part, show the applicant was awarded the Purple Heart (First Oak Leaf Cluster) for wounds received in connection with military operations against a hostile force in the RVN on 29 January 1970.

6.  Headquarters, Americal Division (USARV), General Orders Number 4461, dated 5 May 1970, show the applicant was awarded the Purple Heart (Second Oak Leaf Cluster) for wounds received in connection with military operations against a hostile force in the RVN on 4 May 1970.

7.  Headquarters, Americal Division (USARV), General Orders Number 12607, dated 13 December 1969, show the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 24 September 1969.

8.  Headquarters, Americal Division (USARV), General Orders Number 6552, dated 24 June 1970, in pertinent part, show the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious achievement in connection with military operations against a hostile force in the RVN from
1 January through 30 April 1970.

9.  Headquarters, Americal Division (USARV), General Orders Number 8692, dated 10 July 1970, in pertinent part, show the applicant was awarded the Army Commendation Medal (Second Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force in the RVN from
1 August 1969 through 1 August 1970.

10.  Headquarters, Americal Division (USARV), Special Orders Number 207, dated 26 July 1970, in pertinent part, show the applicant was assigned to the USARV Returnee Detachment on 13 August 1970 for ultimate assignment to the 502nd Adjutant General, Administration Company, Fort Hood, Texas, on
20 September 1970.

11.  Headquarters, Fort Sheridan, Illinois message, undated, subject:  Records and Orders, shows the applicant's records were requested from Fort Hood, Texas, based on his hardship separation that was approved by the Commanding General, 5th U.S. Army, Fort Sheridan, Illinois, on 28 October 1970.

12.  The applicant's DD Form 214 shows he was honorably released from active duty on 18 November 1970 due to personal hardship and transferred to the U.S. Army Reserve Control Group (Standby).  At the time he had completed 1 year,
8 months, and 1 day of net active service and 11 months and 24 days of foreign service.
   
   a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal.
   
   b.  Item 30 (Remarks) shows he served in Vietnam from 20 August 1969 to 14 August 1970.

13.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

14.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There is no evidence the applicant’s commander denied award of the Good Conduct Medal.

15.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 107, dated 6 May 1969, in pertinent part, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

16.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 116, dated 16 May 1969, in pertinent part, show the applicant was awarded the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns; a total of four campaigns.  This regulation also provides, in pertinent part, for 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, including the Vietnam Service Medal.

18.  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 pamphlet shows that at the time of the applicant's assignment to the 3rd Battalion, 21st Infantry (RVN), his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 42 (1972).

19.  Army Regulation 600-8-22 provides, in pertinent part, that an oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which are the Purple Heart and Army Commendation Medal.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with award of the Army Commendation Medal.

21.  Army Regulation 672-5-1 (Military Awards), 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.

22.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers, warrant officers, and enlisted Soldiers who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

23.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam 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 more.

24.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the active Army, Army National Guard, and Army Reserve in an active Reserve status are 
eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an active Army status on or after 1 August 1981.

25.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service 
Bar.  In pertinent part, it provides that a bar is 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 Army Regulation 670-1, or appropriate Department of the Army message.  For Vietnam service, 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 and month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Purple Heart, the Army Commendation Medal with "V" Device, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and Overseas Ribbon.
  
2.  Based on the available evidence, it appears the applicant was separated from active duty on temporary records because his DD Form 214 fails to show any of his individual awards.

3.  General orders awarded the applicant the Purple Heart on three occasions (i.e., 22 September 1969, 29 January 1970, and 4 May 1970).  Therefore, it would be appropriate to correct his DD Form 214 to show award of the Purple Heart (2nd Oak Leaf Cluster).

4.  General orders awarded the applicant the Army Commendation Medal on three occasions:  with "V" Device for heroism on 24 September 1969, for meritorious achievement from 1 January to 30 April 1970, and for meritorious service from 1 August 1969 to 1 August 1970.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the Army Commendation Medal with "V" Device (2nd Oak Leaf Cluster).

5.  The applicant served a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to approve this award and show it on his DD Form 214.
6.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of four bronze service stars to be affixed to his Vietnam Service Medal.

7.  The applicant was assigned to the Republic of Vietnam from 20 August 1969 to 14 August 1970 and as such, he met the eligibility criteria for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, it would be appropriate to correct his DD Form 214 to show award of Republic of Vietnam Campaign Medal with Device (1960).

8.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

9.  Item 41 of the applicant's DA Form 20 shows that special orders awarded him the Combat Infantryman Badge on 19 October 1969.  It would be appropriate to correct the applicant's DD Form 214 to show award of the Combat Infantryman Badge.

10.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.  Therefore, it would be appropriate to correct his
DD Form 214 to show the badges with the component bar.

11.  The Overseas Service Ribbon is authorized to be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an active Army status on or after
1 August 1981.  There is no evidence the applicant had an active Army status on or after 1 August 1981.  Therefore, he is not authorized award of the Overseas Service Ribbon.

12.  The applicant served a total of 12 months in Vietnam.  The Overseas Service Bar is a uniform device and not an award, but, at that time, it was common practice to list the Overseas Service Bar in the awards block of the
DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show award of 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.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 17 March 1969 to 18 November 1970; and

   b.  adding to item 24 of his DD Form 214 the Purple Heart (2nd Oak Leaf Cluster), Army Commendation Medal with "V" Device (2nd Oak Leaf Cluster), Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and two Overseas Service Bars.

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 Overseas Service Ribbon.



      __________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)                                         AR20090005518



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ABCMR Record of Proceedings (cont)                                         AR20090005518



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