IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090008723


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 the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Air Medal with 1st through 10th Oak Leaf Cluster, the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

2.  The applicant also requests his records be corrected to show his service with the 173rd Airborne Brigade "beginning with Junction City II, Newark War Zone D, Dayton Phuoc Tay Province, Cincinnati Bien Hoa/Long Binh area, Winchester Pleiku, Francis Mario Pleiku, Dak To/Kontum, and Greeley 
Dak To/Kontum."

2.  The applicant states he began reviewing his records when he applied for disability.

3.  The applicant provides:

	a.  an addendum to his application,

	b.  a copy of his DD Form 214,

	c.  pages 3 and 4 of his 4-page DA Form 20 (Enlisted Qualification Record),

	d.  a citation for award of the Air Medal,

	e.  a copy of 173rd Airborne Brigade Form 20 (Authorization to be at Camp Radcliff),

	f.  a 4 December 1967 Newsweek article with a copy of his Bronze Star Medal with "V" Device orders showing he participated in the 19 November 1967 Battle of Dak To,

	g.  an unidentified article entitled "80 Paratroopers' Last Stand," and

	h.  copies of an internet site listing Vietnam operations.

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 served in the Regular Army from 8 April 1966 through 11 November 1968.  He was trained in military occupational specialty 11B (Light Weapons Infantryman).  During his training, orders show he qualified with the following weapons:

	a.  Special Orders Number 58, Headquarters (HQ), 3rd Brigade, Fort Ord, CA, dated 23 May 1966, authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

	b.  Special Orders Number 115, HQ, 3rd Training Brigade (Infantry), Fort Gordon, GA, dated 25 July 1966, authorized the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

	c.  Special Orders Number 116, HQ, 3rd Training Brigade (Infantry), Fort Gordon, GA, dated 27 July 1966, authorized the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

3.  The applicant completed the Basic Airborne Course at Fort Benning, GA.  Special Orders Number 212, HQ, U.S. Army Infantry Center and Fort Benning, dated 14 September 1966, awarded the applicant the Parachutist Badge.

4.  The applicant served in Vietnam from on or about 10 March 1967 to on or about 7 November 1968 with three units:  Company A, 2nd Battalion, 503rd Infantry; Headquarters and Headquarters Company, 173rd Airborne Brigade; and the 180th Assault Support Helicopter Company.

5.  General Orders Number 4233, HQ, 173rd Airborne Brigade, Vietnam, dated 28 June 1968, awarded the applicant the Air Medal, first award.

6.  The applicant's service records show he achieved the rank of specialist four and received uniformly "excellent" conduct and efficiency ratings with no court-martial convictions as shown on his DA Form 20.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Combat Infantryman Badge, Parachutist Badge, Air Medal, Army Commendation Medal, Army Commendation Medal with "V" Device, Bronze Star Medal with "V" Device, Aircraft Crewman's Badge, and three overseas service bars.

7.  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.  During Vietnam, 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 ended 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 were not disqualifying.  

	b.  Award of a bronze service star based on qualifying service is authorized for each campaign listed in this regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  A single silver service star denotes five campaigns.  During the applicant's service in Vietnam, there were six campaigns.

8.  During Vietnam, U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  There was no provision for the award simply because an aircraft was struck by enemy fire.

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 pamphlet shows the 2d Battalion, 503d Infantry was cited for award of the Presidential Unit Citation for the period 6 November 1967 to 23 November 1967 by Department of the Army General Order (DAGO) Number 5, dated 1979; cited for award of the Meritorious Unit Commendation by DAGO Number 48, dated 1968; and cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by DAGO General Order Number 51, dated 1971.

10.  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, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders for award of the Air Medal beyond the first award on file for the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests:

   a.  correction of his DD Form 214 to show the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Air Medal with 1st through 10th Oak Leaf Cluster, the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60); and



   b.  that his service with the 173rd Airborne Brigade and participation in numerous operations be annotated in his records.

2.  Concerning his service with the 173rd Airborne Brigade, that service is shown in the applicant's records and on his DA Form 20.  The 173rd Airborne Brigade deployed to Vietnam in May 1965; it was the first major ground combat unit of the U.S. Army to serve there.  They were the first to go into War Zone D to destroy enemy base camps; they introduced the use of small long-range patrols and conducted the only combat parachute jump in the Vietnam conflict on 22 February 1967 (Operation Junction City); they fought in the Iron Triangle and blocked North Vietnamese Army incursions at Dak To during some of the bloodiest fighting of the war in the summer and fall of 1967, culminating in the capture of Hill 875.  Elements of the 173rd Airborne Brigade included the 1st, 2nd, 3rd, and 4th Battalions, 503rd Infantry Regiment (Airborne); the 3rd Battalion, 319th Artillery; the 173rd Support Battalion; the 173rd Engineers; Troop E, 17th Cavalry; Company D, 16th Armor; the 1st Battalion of the Royal Australian Regiment; the 161st Field Battery of the Royal New Zealand Army; and Company N, 75th Infantry (Ranger).  At its peak in Vietnam, the 173rd Airborne Brigade had nearly 3,000 Soldiers assigned.

3.  Participation in campaigns is shown in service records and reflected on the DD Form 214 by the award of service stars.  Participation in individual operations is not shown in service records.

4.  Concerning awards, the applicant is entitled to correction of his DD Form 214 to show the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

5.  The applicant is entitled to other awards and badges not shown on his DD Form 214.

	a.  The applicant demonstrated exemplary conduct, efficiency, and fidelity during his service from 8 April 1966 to 11 November 1968; he should be awarded the Army Good Conduct Medal and it should be shown on his DD Form 214.

	b.  Special orders issued by various training commands awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  These should be added to his DD Form 214.



	c.  The applicant participated in five campaigns and is entitled to wear a silver service star on his already-awarded Vietnam Service Medal.  

6.  The applicant has orders for one Air Medal and the Air Medal appears on his DD Form 214.  Unfortunately, notwithstanding the award certificate provided by the applicant entitlement to any additional Air Medals cannot be verified.  His request for the addition of the Air Medal with 1st through 10th Oak Leaf Cluster cannot be granted.

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 him the Army Good Conduct Medal for the period 8 April 1966 to 11 November 1968;

	b.  deleting from his DD Form 214 the Vietnam Service Medal and adding the Vietnam Service Medal with one silver service star, the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Machinegun Bar (M-60), the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 multiple awards of the Air 


Medal and annotation of his participation in individual operations with the 173rd Airborne Brigade.



      _____________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)                                         AR20090008723



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ABCMR Record of Proceedings (cont)                                         AR20090008723



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