IN THE CASE OF:	  

		BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20090021185 


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 reflect awards of the Good Conduct Medal (GCMDL), the Combat Infantryman Badge (CIB), the Vietnam Service Medal (VSM) with three bronze service stars (3BSS), the Sharpshooter Marksmanship Qualification Badge with automatic rifle, machinegun and rifle bars, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Air Medal for 25 helicopter combat inserts, and all decorations awarded to his unit. 

2.  The applicant states that the awards were left off his records when he departed Vietnam after having served as an infantryman.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of a letter from the National Personnel Records Center (NPRC), a copy of his DA Form 20 (Enlisted Qualification Record), a copy of his separation physical examination, and copies of treatment records from his medical records showing he was wounded.

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 in Louisville, Kentucky on 3 January 1968.  He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a light weapons infantryman at Fort McClellan, Alabama before being transferred to Vietnam on 12 June 1968. 

3.  He was assigned to Company C, 2d Battalion, 27th Infantry Regiment, 25th Infantry Division for duty as a rifleman and a team leader.  He was promoted to the rank of sergeant on 16 November 1968.  On 24 November 1968, he was wounded in action and was awarded the Purple Heart on 26 November 1968.

4.  He departed Vietnam after having served in four campaigns on 7 June 1969 and was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) on 18 December 1969.  He had served 1 year, 11 months, and 16 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with device 60, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Purple Heart.

5.  A review of his records shows that he was awarded the Bronze Star Medal (BSM) for meritorious service in Vietnam on 1 July 1969.  However, that award was not included on his DD Form 214.  His records also contain orders awarding him the Sharpshooter Marksmanship Qualification Badge with rifle and machine gun bars.  There are no orders present for awards of the CIB, the Air Medal or a marksmanship badge for the automatic rifle.  There are also no flight records in the available records.

6.  His records also show that he had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL. 

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, established the criteria for award of the GCMDL.  It states, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.  There is no automatic entitlement to award of the GCMDL.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The available records do not contain orders awarding him the CIB.  However, the applicant was serving in an infantry unit as an infantryman when he was wounded on 26 November 1968.  Therefore, it is reasonable to presume that he was awarded the CIB and it should be added to his records at this time.

2.  His records contain orders awarding him the BSM and the Sharpshooter Marksmanship Qualification Badge with rifle and machinegun bars.  Accordingly, those awards should be added as well. 

3.  After carefully examining the applicant’s record of service, it appears the applicant should have received the GCMDL for his service from 3 January 1968 through 18 December 1969.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the GCMDL and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  Additionally, the applicant’s unit was subsequently awarded the      RVNCAHM-FC Unit Citation.  Accordingly, he is entitled that award at this time as well as four bronze service stars for wear on his VSM.

5.  The applicant’s contention that he should be awarded the Air Medal and that his award of the Sharpshooter Marksmanship Qualification Badge with automatic rifle bar should be added to his records has been noted.  However, the applicant has not provided and his records do not contain evidence to support his contention.  Therefore, in the absence of orders or other sufficient evidence to establish his entitlement to those awards, there appears to be no basis to add those awards at this time.

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:

* Awarding him the GCMDL 1st award for the period 3 January 1968 through 18 December 1969, while serving in the rank of sergeant
* Adding to his DD Form 214 the GCMDL, the CIB, the BSM, the Sharpshooter Marksmanship Qualification Badge with rifle machinegun bars, the RVNCAHM-FC Unit Citation, and four bronze service stars to his VSM

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 adding awards of the Air Medal and the Sharpshooter Marksmanship Qualification Badge with automatic rifle bar.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20090021185





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ABCMR Record of Proceedings (cont)                                         AR20090021185



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