IN THE CASE OF:	 

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090012600 


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 award of the Army Commendation Medal (ARCOM).  He also requests award of the Combat Infantryman Badge (CIB) for his service in Vietnam.

2.  The applicant states that he was awarded the ARCOM while serving in Vietnam.  Additionally, he maintains that while on patrol with his unit as a radio operator in a weapons platoon in Vietnam, he was under enemy fire on several occasions.  He adds that he was also under mortar and rocket attacks.

3.  The applicant provides a copy of Headquarters, 173d Airborne Brigade, General Orders Number 2711, dated 24 October 1968; and six self-authored letters 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 was inducted into the Army of the United States on 27 January 1967.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 05B (Inter-Speed Radar Operator).  On 25 August 1967, he was awarded primary MOS 05C (Radio Teletype Operator) and his 05B MOS was designated as his secondary MOS.  He served in Vietnam from 3 November 1967 to 2 November 1968.

3.  During his tenure of service in Vietnam he was assigned to the following units:

   a.  Headquarters and Headquarters Company, 2nd Battalion, 503d Infantry, 173d Airborne Brigade from 8 November 1967 through 14 January 1968 in MOS 05C as a radio operator;

   b.  Co B, 2nd Battalion, 503d Infantry, 173d Airborne Brigade from 15 January 1968 through 20 March 1968 in MOS 05C as a radio telephone operator;

   c.  173d Signal Company, 173d Airborne Brigade from 21 March 1968 through 28 July 1968 in MOS 05C as a radio teletype operator; and

	d.  Headquarters and Headquarters Company, 173d Signal Company, 173d Airborne Brigade from 29 July 1968 through 31 October 1968 in MOS 05C as a radio teletype operator.

4.  The applicant was honorably released from active duty on 3 November 1968, having completed 1 year, 9 months, and 7 days of total active service.

5.  The applicant provided six self-authored letters he wrote while assigned to Vietnam.  In these letters, the applicant wrote about his company and daily duties while in Vietnam.

6.  On 27 November 1967, he wrote about losing 240 Soldiers and another 800 wounded in 20 days.  He explained that he was a radio teletype operator and he was learning how to fire different types of weapons in the Army.  On 4 December 1967, the applicant stated that the company went out on an overnight patrol and he stayed at the fire support base.  He added that the fire support base was later 
hit with 190 mm rockets and one Soldier was killed and six others wounded.  The applicant stated that he was also being trained in heavy weapons as an infantryman.  On 10 December 1967, the applicant wrote that the company moved again and they were busy cleaning and establishing their perimeter for a new fire support base.  On 12 December 1967, the applicant wrote that for the past two days they were humping through the countryside looking for "Charlie."  He said that he was carrying approximately 60 pounds on his back and it was heavy after five minutes.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  National Defense Service Medal; Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); Parachutist Badge; Republic of Vietnam Campaign Medal, Vietnam Service Medal; and 2 Overseas Service Bars.

6.  General Orders Number 2711, dated 24 October 1968, awarded the applicant the ARCOM for meritorious service during the period November 1967 to November 1968.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any Article 15's, courts-martial, or any other type of adverse action.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry 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 3 to Annex A of USARV Regulation 672-1 listed positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

9.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.

11.  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 document shows that the 173d Airborne Brigade, to which the applicant was assigned, was cited for award of the Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 42, dated 1969, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 51, dated 1971.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in four campaigns during his tour of duty in 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.  Based on his service in Vietnam he is credited with participation in the following campaigns:  Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968); Tet Counteroffensive (30 January 1968 – 1 April 1968); Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968); and Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968).

DISCUSSION AND CONCLUSIONS:

1.  Orders verify that the applicant is entitled to correction of his records to show award of the ARCOM.

2.  The applicant provided numerous letters he wrote to family members and friends in 1967.  In these letters, he addressed his company being hit by rockets and witnessing several Soldiers being killed and/or wounded.  The letters contain the postal zip code of his unit in Vietnam and the dates of the letters and envelops are consistent with his service in Vietnam.  Therefore, the letters and envelopes support the applicant's contention that he served with an infantry unit in active ground combat.  Additionally, the applicant's MOS and assigned duties were listed as 05C (radio operator) on his DA Form 20 while he was assigned to the 503d Infantry.  Therefore, in the interest of equity, it would be appropriate to award him the CIB at this time.

3.  Evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his service with no record of any disciplinary actions or a commander's disqualification.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st award) for the period 27 January 1967 to 3 November 1968 and correction of his records to show this award.

4.  Evidence of record also shows that the applicant's unit was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  Additionally, evidence shows that the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show award of four bronze service stars for wear on is already-awarded Vietnam Service Medal.

BOARD VOTE:

___X____  ___X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Army Good Conduct Medal for the period 27 January 1967 to 3 November 1968;

   c.  awarding him the CIB for his service in Vietnam during the period
15 January 1968 – 20 March 1968; and

	d.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal (1st award), Combat Infantryman Badge, Vietnam 






Service Medal with four bronze service stars, Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      __________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)                                         AR20090012600



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012600



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1