IN THE CASE OF:	

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090012876 


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 that his records be corrected to show all of his awards and decorations.

2.  The applicant states he thought the errors in his awards had been corrected in 1971 when he received a DD Form 215 (Correction to the DD Form 214); however, when he recently requested a replacement set of medals he learned that there were still errors.

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge); a DD Form 215; and orders for award of the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, and the Purple Heart. 

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 enlisted in the Regular Army on 22 November 1968, completed training, and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He completed basic airborne training and the advanced noncommissioned officers combat leadership course.  Upon completion of all of his training he was assigned duty in Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  promotion to staff sergeant on 19 August 1969;

	b.  service in Vietnam as a squad leader in MOS 11C with Company A, 2nd Battalion, 8th Cavalry Regiment, 1st Calvary Division from 9 December 1969 through 17 January 1970; and as a squad leader in MOS 11C with Company D, 2nd Battalion, 8th Cavalry Regiment, 1st Calvary Division from 18  January 1970 through 17 March 1970;

	c.  he was a patient first at the 249th General Hospital in Vietnam and then evacuated to the Naval Hospital, Great Lakes, IL; 

	d.  he received fragment wounds to the left forearm on 6 March 1970;

	e.  he served during one unnamed campaign period; 

	f.  his awards are the Parachutist Badge, the Army Commendation Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Mortar Bar; and

	g.  his conduct and efficiency ratings are recorded exclusively as “excellent.” 

4.  The applicant was retired on 6 October 1970 and placed on the Temporary Duty Retired List with a 60 percent disability rating.  The DD Form 214 lists his awards as the Army Commendation Medal, the Vietnam Service Medal, the Parachutist Badge, the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Mortar Bar.

5.  Headquarters, 1st Calvary Division, General Orders Number 5014, dated 4 March 1970, awarded the applicant the Bronze Star Medal with "V" Device for his actions on 6 March 1970. 

6.  Headquarters, 3rd Field Hospital General Orders Number 50, dated 8 March 1970, awarded the applicant the Purple Heart for wounds received on 7 March 1970.

7.  Headquarters, 1st Calvary Division, General Orders Number 3725, dated 12 March 1970, awarded the applicant the Army Commendation Medal with "V" Device for his actions on 6 March 1970.

8.  Headquarters, 1st Calvary Division, General Orders Number 4102, dated 20 March 1970, awarded the applicant the Army Commendation Medal with "V" Device for his actions on 28 February 1970.

9.  A DD Form 215 was issued on 17 May 1971 correcting his DD Form 214 by adding the Purple Heart and the "Bronze Star Medal with "V" Device (1960)."  

10.  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 while the applicant was assigned to the 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the awards program in the Army theater of operations during the Vietnam conflict.  The regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  Additionally, the company and battalion designations used for subordinate units of the 7th Cavalry and the other "cavalry" regiments indicates that they and their parent 1st Cavalry Division (Airmobile) were, in fact, infantry organizations.

12.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  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 active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than “excellent” was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was to be noted on the DA Form 20.

	b.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months;

	c.  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.  

	d.  the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Bronze Star Medal and the Army Commendation Medal. 

	e.  an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal; and 

	f.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during one campaign period: the Vietnam Winter–Spring 1970; 1 November 1969 – 30 April 1970.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states that awards and decorations for all periods of service are to be shown in the priority sequence specified in Army Regulation 600-8-22 and abbreviations are not to be used.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he thought the errors in his awards had been corrected in 1971 when he received a DD Form 215; however, when he recently requested a replacement set of medals he learned that there were still errors.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-6.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 22 November 1968 through 6 October 1970.

3.  The applicant served in Vietnam for 3 months which was until he was wounded and medically evacuated.  Because he was medically evacuated, the 
6 months of service in Vietnam requirement is waived and he qualifies for award of the Republic of Vietnam Campaign Medal with Device (1960).

4.  The applicant's unit in Vietnam was, in fact, an infantry unit of brigade, regimental or smaller size.  He was serving in an infantry MOS and, as noted by his award citations, was engaged in active ground combat.  The applicant meets the criteria for award of the Combat Infantryman Badge.  

5.  The applicant was awarded two Army Commendation Medals both with "V" Device.  The applicant's DD Form 214 lists only one Army Commendation Medal without the "V" Device.  It would be appropriate to correct his record to show these awards as the Army Commendation Medal with "V" Device and one Oak Leaf Cluster.

6.  The applicant served in Vietnam during one campaign period and is authorized to wear one bronze service star on his Vietnam Service Medal.

7.  The applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

8.  The DD Form 215 incorrectly displays the applicant's Bronze Star Medal as "…with "V" device (1960)."  This entry is a typographical error and should be corrected.  To avoid confusion, the DD Form 215 should be voided. 

9.  The applicant's awards are not properly listed in priority sequence and as noted above the list is incorrect and incomplete.  To avoid confusion it would be appropriate to correct block 24 of the DD Form 214 by deleting the entries and replacing the entries with the following:

"Bronze Star Medal with 'V' Device//Army Commendation Medal with 'V' Device and one Oak Leaf Cluster//the Purple Heart//Good Conduct Medal//National Defense Service Medal//Vietnam Service Medal with one bronze service star//Republic of Vietnam Campaign Medal with Device (1960)//Republic of Vietnam Gallantry Cross with Palm Unit Citation//Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation//Combat Infantryman Badge//Parachutist Badge//Expert Marksmanship Qualification Badge with Mortar Bar//Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)//Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)//Nothing Follows."

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.  awarding the applicant the Good Conduct Medal (for his period of service from 22 November 1968 through 6 October 1970), and the Combat Infantryman Badge; 

	b.  voiding the 17 May 1971 DD Form 215; and

	c.  deleting all entries in block 24 of the DD Form 214 and replacing the enries with the following:

"Bronze Star Medal with 'V' Device//Army Commendation Medal with 'V' Device and one Oak Leaf Cluster//the Purple Heart//Good Conduct Medal//National Defense Service Medal//Vietnam Service Medal with one bronze service star//Republic of Vietnam Campaign Medal with Device (1960)//Republic of Vietnam Gallantry Cross with Palm Unit Citation//Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation//Combat Infantryman Badge//Parachutist Badge//Expert Marksmanship Qualification Badge with Mortar Bar//Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)//Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)//Nothing Follows."




      _______ _   _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)                                         AR20090012876



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ABCMR Record of Proceedings (cont)                                         AR20090012876



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