IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090008047 


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:

	a.  correction of General Orders Number 7705, dated 27 June 1969, awarding him the Bronze Star Medal, to show his correct Social Security Number (SSN);

	b.  correction of General Orders Number 7124, dated 21 June 1969, awarding him the Silver Star, to show his correct SSN; and

	c.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 8 September 1969, to show the Silver Star, the Purple Heart (1st Oak Leaf Cluster), and the Combat Infantryman badge.

2.  The applicant states that his orders for awards of the Bronze Star Medal and Silver Star contain an incorrect SSN and that he was awarded two awards of the Purple Heart.

3.  The applicant provides a copy of his DD Form 214, dated 8 September 1969; a copy of his DA Form 137 (Installation Clearance Record), dated 4 September 1969; a copy of his Bronze Star Medal citation; a copy of General Orders Number 7705, issued by Headquarters, 9th Infantry Division, on 27 June 1969; a copy of General Orders Number 7786, issued by Headquarters, 9th Infantry Division, on 28 June 1969; a copy of General Orders Number 7124, issued by Headquarters, 9th Infantry Division, on 21 June 1969; a copy of General Orders Number 3542, issued by Headquarters, 9th Infantry Division, on 25 March 1969; and a copy of General Orders Number 3542, issued by Headquarters, 9th Infantry Division, on 16 may 1969, in support of his request.

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 California Army National Guard (CAARNG) for a period of 6 years on 10 October 1966.  He subsequently entered active duty for training on 14 November 1966, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 11E (Armor Crewman).  He was honorably released from active duty to the control of his ARNG unit on 4 April 1967.  The DD Form 214 he was issued shows his SSN as xxx-xx-6785 (the number 6 in the sixth digit).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) created on 18 November 1966 shows the applicant's SSN as xxx-xx-6785.

4.  The applicant's records show he was ordered to active duty for a period of 24 months on 13 May 1968.  He was initially assigned to the 1st Squadron, 3rd Armored Cavalry Regiment, Fort Lewis, WA. 

5.  The applicant’s records also show he served in the Republic of Vietnam from 23 February 1969 to 8 September 1969.  He was assigned to the 2nd Battalion, 47th Infantry, 9th Infantry Division, as an armor crewman.

6.  The applicant's records further show he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 to the control of his ARNG unit on 8 September 1969.  The DD Form 214 he was issued correctly listed his SSN as xxx-xx-6785.


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, the Vietnam Campaign Medal, the Army Commendation Medal, the Bronze Star Medal, and the Purple Heart.  Item 24 does not show award of the Silver Star, a second award of the Purple Heart, and/or the Combat Infantryman Badge.

8.  Headquarters, 9th Infantry Division, General Orders Number 3542, dated 25 March 1969, show the applicant was awarded the Purple Heart for wounds received in action on 23 March 1969.  

9.  Headquarters, 9th Infantry Division, General Orders Number 5623, dated 16 May 1969, show the applicant was awarded a second award of the Purple Heart for wounds received in action on 12 May 1969.

10.  Headquarters, 9th Infantry Division, General Orders Number 7124, dated 21 June 1969, show the applicant was awarded the Silver Star for gallantry in action involving close combat with an armed hostile force in the Republic of Vietnam.  The orders, incorrectly listing his SSN as xxx-xx-5785 (the number 5 in the sixth digit), cited the following:

[Applicant] distinguished himself by exceptionally valorous action on 12 May 1969 while serving as a scout with Headquarters and Headquarters Company, 2nd Battalion, 47th Infantry, on a raid mission in Long An province.  When his unit came under attack by a numerically superior hostile force in well-entrenched positions, [Applicant] volunteered to accompany his platoon leader in a flanking assault of the enemy bunkers aboard an armored personnel carrier.  From the top of the vehicle, he braved the heavy barrage of enemy fire as they rammed and destroyed the bunker.  When the vehicle was hit by a rocket propelled grenade, [Applicant] sustained fragmentation wounds to the leg.  Ignoring his wound and disregarding his safety, he dismounted and maneuvered over open terrain to gain a vantage point from which he could place covering fire enabling medical aid to reach other wounded personnel.

11.  Headquarters, 9th Infantry Division, General Orders Number 7705, dated 27 June 1969, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.  The orders incorrectly listed the applicant's SSN as xxx-xx-5785 (the number 5 in the sixth digit).

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge.  This regulation states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Commanders were not allowed to make any exceptions to this policy.  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.  

13.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

14.  Headquarters, 9th Infantry Division, General Orders Number 7786, dated 28 June 1969, show the applicant was awarded the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from March 1969 to June 1969.  The orders incorrectly listed the applicant's SSN as xxx-xx-5785 (the number 5 in the sixth digit).

15.  Headquarters, 9th Infantry Division, General Orders Number 10856, dated 25 July 1969, show the applicant was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam.  The orders incorrectly listed the applicant's SSN as xxx-xx-5785 (the number 5 in the sixth digit).

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 47th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 January 1969 to 30 June 1969 based on Department of the Army General Orders Number 59, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 19 December 1966 to 28 June 1969 based on Department of the Army General Orders Number 59, dated 1969.


17.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET 69 Counteroffensive from 23 February 1969 to 8 June 1969 and the Vietnam Summer-Fall 1969 from 9 June 1969 to 31 October 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.

18.  The applicant's records do not contain any derogatory information which would have disqualified him from receiving his first award of the Good Conduct Medal.  Additionally, item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received “excellent” conduct and efficiency ratings throughout his military service.

19.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted and served using his SSN as xxx-xx-6785.  This SSN is consistent with the SSN shown on several personnel documents in his record.  However, it appears that when orders were published to award him the Silver Star, the Bronze Star Medal, and two awards of the Army Commendation Medal, the orders incorrectly listed the sixth digit of his SSN as a "5" instead of a "6."  Therefore, he is entitled to correction of these orders to show the correct SSN.

2.  General orders awarded the applicant two awards of the Purple Heart for wounds received in action on two occasions and two awards of the Army Commendation Medals for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam.  However, only one of each is listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Purple Heart and two awards of the Army Commendation Medal.

3.  General orders awarded the applicant the Silver Star for gallantry in action involving close combat with an armed hostile force in the Republic of Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.  

4.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

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

6.  The evidence of record confirms that the applicant served honorably during the period 13 May 1968 through 8 September 1969.  He was awarded several combat awards, attained the rank/grade of SP4/E-4, and received "excellent" conduct and efficiency ratings.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service. Therefore, he is entitled to correction of his records to show this award.

7.  With respect to the applicant's Combat Infantryman Badge, the evidence of record shows the applicant was assigned to an infantry unit during his service in the Republic of Vietnam.  Additionally, his Silver Star narrative clearly shows he was personally present and under hostile fire while serving in armor primary duty, in a unit actively engaged in ground combat with the enemy.  However, regrettably, he did not hold an infantry MOS.  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.  The applicant held an armor (11E) MOS.  Therefore, he does not meet the criteria for award of the Combat Infantryman Badge.

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 13 May 1968 through 8 September 1969; 

	b.  deleting the entries "Purple Heart" and "Army Commendation Medal" from his DD Form 214 and adding the entries "Purple Heart (1st Oak Leaf Cluster)" and "Army Commendation Medal (1st Oak Leaf Cluster)";

	c.  adding the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, to his DD Form 214; and

	d.  amending General Orders Number 7124, dated 21 June 1969; General Orders Number 7705, dated 27 June 1969; General Orders Number 7786, dated 28 June 1969; and General Orders Number 10856, dated 25 July 1969, to show the sixth digit of his SSN as a "6" instead of a "5."

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 the Combat Infantryman Badge.




      _______ _   _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)                                         AR20090008047





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090008047



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1