IN THE CASE OF:	 

		BOARD DATE:	27 May 2010  

		DOCKET NUMBER:  AR20090019443 


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 (Report of Transfer or Discharge) to show award of the Bronze Star Medal, Combat Infantryman Badge, Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and marksmanship badges with rifle, automatic rifle, and machinegun bars.

2.  The applicant states he held military occupational specialty (MOS) 11B (light weapons infantryman) and was never awarded the Combat Infantryman Badge.  He served with Company B, 2nd Squadron, 17th Cavalry in the 101st Airborne Division in Vietnam. 

3.  The applicant provides a letter, dated 3 March 2004, from U.S. Army Tank - Automotive and Armaments Command, Philadelphia, Pennsylvania which states the National Personnel Records Center determined a charge is assessed for replacement issue of the following awards:

* Purple Heart
* Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Attachment (Double)
* Republic of Vietnam Campaign Ribbon with Device (1960)
* Sharpshooter Badge
* Rifle Bar
* Marksman Badge
* Automatic Rifle Bar
* Machine Gun Bar  

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 12 October 1967.  He was awarded MOS 11B.  He arrived in Vietnam on 3 April 1968.  He served in MOS 11B while assigned to Troop B, 2nd Squadron, 17th Cavalry of the 101st Airborne Division in Vietnam from 16 April 1968 until he was wounded in action on 28 May 1968 and transferred to the U.S. Army Medical Center, Ryukyu Islands for medical treatment.  He served in MOS 71L (clerk typist) in Okinawa from 24 August 1968 to 4 October 1969.  On 6 October 1969, he was released from active duty in the temporary rank of specialist four and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  

3.  The applicant's DD Form 214 shows the National Defense Service Medal and Purple Heart as authorized awards.

4.  There are no orders for the Bronze Star Medal, Combat Infantryman Badge, or Army Commendation Medal in the available records.  

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal or the Army Commendation Medal.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal or Army Commendation Medal. 
7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received "excellent" conduct and efficiency ratings throughout his service.

8.  Special Orders, dated 25 November 1967, show the applicant received the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.  

9.  Special Orders, dated 26 January 1968, show the applicant received the Marksman Marksmanship Qualification Badge (Automatic Rifle M-16).  

10.  Special Orders, dated 14 February 1968, show the applicant received the Marksman Marksmanship Qualification Badge with Machinegun Bar.  
 
11.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

12.  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, the 2nd Squadron, 17th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.  

13.  Army Regulation 600-8-22 (Military Awards) provides the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

14.  Army Regulation 600-8-22 provides the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 provides 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 V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

16.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

17.  Army Regulation 600-8-22 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.

18.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

19.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.




DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Bronze Star Medal or Army Commendation Medal.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show these medals.

2.  The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to Troop B, 2nd Squadron, 17th Cavalry of the 101st Airborne Division during his assignment in Vietnam.  In addition, he was wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.  

3.  The applicant was released from active duty in the temporary rank of specialist four with almost 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 12 October 1967 through 6 October 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Good Conduct Medal and his DD Form 214 should be corrected to show this award.

4.  Based on the applicant service in Vietnam and participation in two campaigns, he is eligible for the Vietnam Service Medal with two bronze service stars and Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his 
DD Form 214 should be corrected to show these awards.  

5.  Orders show the applicant received the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar, and Marksman Marksmanship Qualification Badge with Machinegun Bar.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.  

6.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his 
DD Form 214 should be corrected to show this unit citation.









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 Combat Infantryman Badge;

	b.  awarding him the first award of the Good Conduct Medal for the period 
12 October 1967 through 6 October 1969; and

	c.  adding the Combat Infantryman Badge, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge (Rifle M-14), Marksman Marksmanship Qualification Badge (Automatic Rifle 
M-16), Marksman Marksmanship Qualification Badge with Machinegun Bar, and Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214.
 
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 Bronze Star Medal or Army Commendation Medal.  




      _______ _ 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)                                         AR20090019443



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ABCMR Record of Proceedings (cont)                                         AR20090019443



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