IN THE CASE OF:	

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090010713 


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, in effect, award of the Combat Infantryman Badge (CIB) and Air Medal (AM) and correction to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) and item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his military occupational specialty (MOS) prevented him from obtaining the CIB and AM and his DD Form 214 should be corrected to reflect his Republic of Vietnam (RVN) service.

3.  The applicant provides a self-authored statement, his DD Form 214, and award orders and citations in support of his application.

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 record contains a letter from the Chief, Personnel Service Support Division, Military Awards Branch (MAB), U.S. Army Human Resources Command (AHRC), dated 28 July 2006, which shows that a previous request for the AM submitted by the applicant through a Member of Congress was denied.  It also shows his request for the CIB was approved and that this award was authorized and announced in AHRC Permanent Order 207-07, dated 26 July 2006, and that a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was published on 28 July 2006 which added the CIB to item 24 of his DD Form 214.

3.  The applicant's record shows he was inducted into the Army of the United States and entered active duty on 11 January 1968.  He successfully completed basic combat training at Fort Jackson, South Carolina, and advanced individual training (AIT) at Fort Gordon, Georgia.  Upon completion of AIT, he was awarded MOS 11H (Infantry Direct Fire Crewman).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that he served in the RVN from 28 August 1968 to 15 July 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 3rd Battalion, 187th Infantry Regiment, performing duties in MOS 11B (Infantryman) as a rifleman and automatic rifleman from 7 September 1968 through 12 January 1969.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Parachutist Badge, Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with Device (1960), Army Commendation Medal (ARCOM), Silver Star (SS) with 1st Oak Leaf Cluster (2nd Award), Bronze Star Medal (BSM), Purple Heart (PH), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  The applicant's record is void any orders or other evidence to show that he was ever awarded or recommended for the AM.

7.  On 12 January 1970, the applicant was honorably retired from active duty by reason of temporary disability after completing a total of 2 years of creditable active military service.  Item 22c of the DD Form 214 issued to him at that time shows he completed 2 months and 18 days foreign service and item 24 shows he earned the following awards during his active duty tenure:  NDSM, Parachutist Badge, VSM, RVNCM with Device (1960), ARCOM, SS with 1st Oak Leaf Cluster (2nd Award), BSM, PH, and Expert Marksmanship Qualification Badge with Rifle Bar.

8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the AHRC MAB, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal an AM order on file for the applicant.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  Section III of the version of the regulation in effect at the time of the applicant's REFRAD stated to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 in item 22c.

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy and states, in pertinent part, that the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.

12.  Table B-1 of Army Regulation 600-8-22 contains a list of campaigns.  It shows that during the applicant's tenure of assignment in the RVN, campaign credit was granted for the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive, and Vietnam Summer-Fall 1969 campaigns.

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam conflict.  It confirms that during his tenure of assignment in the RVN, the applicant's unit (3rd Battalion, 187th Infantry Regiment) earned the Presidential Unit Citation (PUC), Valorous Unit Award (VUA), Meritorious Unit Commendation (MUC), RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that item 22c of his DD Form 214 should be corrected to reflect all of his RVN service was carefully considered and found to have merit.  The evidence of record confirms the applicant completed 10 months and 18 days of service in the RVN.  As a result, item 22c which currently reflects that he completed only 2 months and 18 days of overseas service should be corrected accordingly.

2.  The evidence of record also confirms that based on his RVN service and campaign participation, the applicant is eligible for the PUC, VUA, MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars with his VSM.  The record also shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Thus, it would also be appropriate to add these awards to his DD Form 214 at this time.

3.  The applicant's contention that the CIB and AM should be added to his DD Form 214 was also carefully considered.  However, the CIB was already awarded and added to his DD Form 214 in 2006.  Therefore, no further action by the Board is required on this matter.  A copy of the DD Form 215 will be provided to the applicant.  Further, the evidence of record and independent evidence provided by the applicant fails to show he qualified for or was awarded the AM by proper authority while serving on active duty.  Therefore, there is an insufficient evidentiary basis to support granting this portion of 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 amending his DD Form 214 as follows:

	a.  item 22c - delete the current entry and replace it with the entry "0000  10  18";

	b.  item 24 - add the PUC, VUA, MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and by adding four bronze service stars to the Vietnam Service Medal; and

	c.  by providing him a correction to his DD Form 214 that includes these changes.

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 AM.



      ___________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)                                         AR20090010713



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ABCMR Record of Proceedings (cont)                                         AR20090010713



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