BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090021024 


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 following:

* Parachutist Badge 
* Army Commendation (ARCOM) Medal with "V" device
* Bronze Star Medal (BSM) with "V" Device
* Air Medal (AM)
* Primary Military Occupational Specialty (PMOS) - 11B4P

2.  The applicant states the awards and PMOS were left off his DD Form 214 due to negligence in a combat zone.

3.  The applicant provides the following in support of his application:

* ARCOM certificate, dated 11 July 1970 
* 1st Cavalry Division certificate for the period December 1969 to
	October 1970
* Airborne Course diploma, dated 7 August 1969
* Bronze Star Medal citation and certificate, for the period of November 1969 through November 1970
* Corrected Copy of his Bronze Star Medal for Heroism, General Order 12366,  Headquarters, 1st Cavalry Division (Airmobile), dated 11 July 1970
* Infantry Noncommissioned Officer Candidate Course diploma, dated 
15 July 1969
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.  On 13 November 1968, the applicant enlisted in the Regular Army for 
2 years.  He completed his initial training and was subsequently awarded military occupational specialty 11B4P (Light Weapons Infantryman with parachutist qualification).

3.  The applicant's DA Form 20 (Enlisted Qualification Record), item 28 (Specialized Training), shows he completed the Basic Airborne Course at Fort Benning, Georgia on 9 August 1969.  Item 41 (Awards and Decorations) shows he was awarded the Parachutist Badge by Special Orders Number 194, Headquarters, The School Brigade dated 6 August 1969.

4.  The applicant's records show he was assigned to the Republic of Vietnam (RVN) from 2 December 1969 through 22 October 1970.  On 11 December 1969, the applicant was assigned with duty as a rifleman to Company C, 2nd Battalion (Airmobile), 5th Cavalry, 1st Cavalry Division.

5.  General Orders Number 12366 (corrected copy), Headquarters, 1st Cavalry Division (Airmobile), 11 July 1970, awarded the applicant the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile enemy on 
20 June 1970.

6.  On 24 October 1970, he was honorably released from active duty under the provisions of 635-200, chapter 5, early separation of an overseas returnee, completing 1 year, 11 months, and 12 days of active duty.  The highest rank he attained was sergeant, pay grade E5.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, and Bronze Star Medal.  Item 23a (Specialty Number & Title) shows, "11B4O INF."

8.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), did not reveal any orders awarding the applicant the ARCOM with "V" device, Air Medal, or Parachutist Badge.  ADCARS is 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.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Air Medal 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.

10.  Army Regulation 600-8-22 provides that 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.  

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

12.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency ratings were all "excellent."  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified 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.  

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Winter-Spring, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of the basic Parachutist Badge.  It states that to be eligible for award of the basic Parachutist Badge, an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander; or while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that Company C, 2nd Battalion, (Airmobile) 5th Cavalry, 1st Cavalry Division, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 55, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

17.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents 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. Section III specifically states that the PMOS code number and title be entered in item 23a of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to add the Air Medal, Bronze Star Medal with "V" Device, Army Commendation with "V" Device, and Parachutist Badge.  There is sufficient evidence to grant partial relief.

2.  General orders clearly show that the applicant was awarded the Bronze Star with "V" Device; therefore, this award should be shown on his DD Form 214.

3.  The applicant’s records show that he distinguished himself in the performance of his military service by attaining the rank of sergeant, pay grade E-5; receiving all "excellent" conduct and efficiency ratings, and being awarded the Bronze Star Medal for heroism during his RVN service.  Accordingly, he should be awarded the Army Good Conduct Medal.

4.  Records show the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a three bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected to show this foreign unit award.

6.  Special orders show the applicant was awarded the Parachutist Badge.  Therefore, his records should be corrected to show this award.

7.  There are no available general orders showing that the applicant was awarded the Air Medal.  The record does not contain a flight record nor did the applicant provide any evidence upon which to base a correction of his record.

8.  There are no available general orders showing that the applicant was awarded the Army Commendation Medal with "V" Device.  The citation and certificate provided by the applicant are not sufficient evidence upon which to base a correction of his records. 

9.  The applicant was parachutist qualified. Item 23a of his DD Form 214 should be amended to read, "11B4P INF."

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 Army Good Conduct Medal for the period 13 November 1968 to 24 October 1970; 

	b.  adding the Bronze Star Medal with one oak leaf cluster and "V" Device, Army Good Conduct Medal, three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Parachutist Badge to his DD Form 214; and 

	c.  correcting item 23a of his DD Form 214 to read: "11B4P INF."

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 the award of the Air Medal and Army Commendation Medal with "V" Device.




      _________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)                                         AR20090021024





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ABCMR Record of Proceedings (cont)                                         AR20090021024



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