IN THE CASE OF:	

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090015631 


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 Combat Infantryman Badge (CIB), two awards of the Army Commendation Medal (ARCOM), and in effect, the Vietnam Parachutist Badge.

2.  The applicant states that he served two tours in Vietnam in combat.  He received his first ARCOM for Vietnam service from January 1967 to January 1968 and he received his second ARCOM on 17 May 1969 for Vietnam service.

3.  The applicant provides the following documents in support of his application: DD Form 214; letter from Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, subject:  Transmittal of Award, dated 21 May 1969; General Orders Number 667, dated 17 May 1969; ARCOM citation for the period
26 August 1968 to 20 June 1969; and a Vietnamese certificate showing parachutist wings.

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 28 June 1966.  He completed the required training and was awarded military occupational specialty (MOS) 71B (clerk typist).  He later completed basic airborne training at Fort Benning, GA.  His highest rank/grade attained was sergeant (SGT)/E-5.

3.  On 5 October 1966, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) for being disrespectful in language toward his superior acting noncommissioned officer.

4.  The applicant was assigned to Vietnam on 20 January 1967 with Company B, 2nd Battalion, 503rd Infantry as a clerk typist in duty MOS 71B.

5.  Headquarters, 173rd Airborne Brigade, General Orders Number 258, dated 15 January 1968, show the applicant was awarded the ARCOM for meritorious service from 20 January 1967 to 19 January 1968 in the Republic of Vietnam.

6.  The applicant departed Vietnam on 19 January 1968.  He received credit for participation in the following two campaigns:  Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) and the Vietnam Counteroffensive Phase III (1 June 1967 - 28 January 1968).

7.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, Special Orders Number 331, dated 26 November 1968, show the applicant's MOS 71B was withdrawn and he was awarded MOS 11F [infantry operations and intelligence specialist].

8.  He served in Vietnam again from 23 August 1968 to 17 June 1969, assigned to the 5th Special Forces Group (Airborne), 1st Special Forces in duty MOS 11F.  He received credit for participation in the following four campaigns:  Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968); Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969).



9.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders Number 667, dated 17 May 1969, awarded the applicant a 
second award of the ARCOM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 26 August 1968 to 20 June 1969.

10.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) lists one award of the ARCOM and the Vietnam Parachutist Badge.  His DA Form 20 does not list award of the CIB.

11.  The applicant was released from active duty on 19 June 1969.  He completed 2 years, 11 months, and 22 days of total active service with no days of lost time.  His DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Republic of Vietnam Campaign Medal, Vietnam Service Medal, three Overseas Service Bars, Parachutist Badge, and the ARCOM.  It does not show award of the CIB.

13.  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, at the time of the applicant's assignment to the 2nd Battalion, 503rd Infantry, this unit was cited for the following awards:  Presidential Unit Citation (6-23 November 1967) by Department of the Army General Orders (DAGO) 42, dated 1969, as amended by DAGO 5, dated 1979; Meritorious Unit Commendation (5 May 1965 - 4 May 1967) by DAGO 48, dated 1968; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation
(5 May 1965 - 26 September 1970) by DAGO 51, dated 1971.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 5th Special Forces Group, 1st Special Forces, this unit was cited for the following awards:  Meritorious Unit Commendation
(31 January - 31 December 1968) by DAGO 70,dated 1969; Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 October 1964 - 17 May 1969) by DAGO 59, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (January 1968 - 24 September 1970) by DAGO 48, dated 1971.



15.  Paragraph 6 (Miscellaneous Information) of DA Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

16.  Army Regulation 600-8-22 (Military Awards) states 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 or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

17.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  A silver service star will be worn in lieu of five bronze service stars.

18.  Army Regulation 600-8-22 also states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal and the Meritorious Unit Commendation.

19.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel.  Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  It lists the Vietnam Parachutist Badge as an authorized foreign badge.

20.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed the policies, responsibilities, and procedures pertaining to the career management of Army enlisted personnel.  Chapter 9 
(Enlisted Qualification Record) provided for the preparation and maintenance of the DA Form 20.  It stated, in pertinent part, to enter all awards, decorations, service medals, Good Conduct Medal, badges, and citations (including unit citations) which the individual is authorized and which can be substantiated.  It further states foreign decorations will not be recorded until approved by Department of the Army.

21.  Army Regulation 672-5-1 also stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he served two tours in Vietnam in combat is acknowledged.

2.  The evidence of record shows the applicant served as a clerk typist in MOS 71B while assigned to Company B, 2nd Battalion, 503rd Infantry during his first tour in Vietnam.  During his second tour, he served as an operations and intelligence specialist in MOS 11F while assigned to the 5th Special Forces Group (Airborne), 1st Special Forces.

3.  The Military Awards regulation governing award of the CIB states that under specific requirements, an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  However, eligibility for a Soldier assigned to and performing duties with a ranger or special forces unit of brigade, regimental, or smaller size accrues from 20 December 1989.  The regulation also states that retroactive awards for special forces personnel are not authorized.  The applicant, although holding an infantry MOS, was assigned to a special forces unit in Vietnam.  Therefore, he was then and is now ineligible for award of the CIB.



4.  Orders published by the 173rd Airborne Brigade in January 1968 awarded the applicant the ARCOM for meritorious service from 20 January 1967 to 19 January 1968 and this award is recorded on his DD Form 214.  However, orders published by the 5th Special Forces Group (Airborne), 1st Special Forces in May 1969 awarded him a second award of the ARCOM for meritorious service from 26 August 1968 to 20 June 1969.  Therefore, it would be appropriate to amend his DD Form 214 to show a second award of the ARCOM.

5.  Item 41 of the applicant's DA Form 20 lists the Vietnam Parachutist Badge as an authorized award and he provided a copy of the Vietnamese certificate awarding him the badge.  Applicable regulation states that foreign decorations will not be recorded in item 41 of an individual's DA Form 20 until approved by Department of the Army.  It is presumed that sufficient supporting documentation was reviewed by military records personnel prior to recording the Vietnam Parachutist Badge to his DA Form 20.  Therefore, it would be appropriate to add the Vietnam Parachutist Badge to his DD Form 214 at this time.

6.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  It appears the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 
28 June 1966 through 19 June 1969.  Although his service records show he received one Article 15, he received "excellent" conduct and efficiency ratings throughout his service and was promoted to sergeant during this period.  Therefore, should be awarded the Army Good Conduct Medal (first award) and correction of his records to show this award.

8.  The applicant was assigned to the 2nd Battalion, 503rd Infantry during a period it was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit 
Citation.  While he was assigned to the 5th Special Forces Group, 1st Special Forces, this unit was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be added to his DD Form 214.

9.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in six campaigns during his tenure in the Republic of Vietnam.  Therefore, his DD Form 214 should be amended to reflect one silver service star and one bronze service stars for wear on his already-awarded Vietnam Service Medal.

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.  deleting from item 24 of his DD Form 214 the Army Commendation Medal and Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period
28 June 1966 through 19 June 1969; and

	c.  adding to item 24 of his DD Form 214 the Army Commendation Medal with first oak leaf cluster, Army Good Conduct Medal (first award), Presidential Unit Citation, Meritorious Unit Commendation with first oak leaf cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Parachutist Badge.

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 CIB.



      _________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)                                         AR20090015631



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ABCMR Record of Proceedings (cont)                                         AR20090015631



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