IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100011283 


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 records to show two awards of the Air Medal, the Combat Infantryman Badge, a marksmanship qualification badge with Rifle (M-14) Bar, and any authorized unit awards.

2.  The applicant states he was awarded two Air Medals based on the completion of 25 hours of combat missions for each award.  He also states his separation document is missing the Combat Infantryman Badge and a marksmanship qualification badge with Rifle (M-14) Bar.  He further states that he was assigned to Company G (Ranger), 75th Infantry, 23rd Infantry Division (Americal), and the 196th Infantry Brigade in Vietnam and requests any authorized unit awards.

3.  The applicant provides copies of eight certificates, five orders, three pages of photographs, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and a letter to the Department of Veterans Affairs (DVA).

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 for a period of 2 years and entered active duty on 9 June 1970.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Qualification in Arms) he qualified Sharpshooter with the M-16 rifle on 20 July 1970;

   b.  item 31 (Foreign Service) his service in Vietnam began on 23 July 1971;

	c.  item 33 (Appointments and Reductions) he was promoted to sergeant (SGT) with a date of rank of 26 February 1971;

   d.  item 38 (Record of Assignments) that he was assigned to:
   
	    (1)  the 23rd Replacement Detachment from 29 July to 8 August 1971;

	    (2)  Company G (Ranger), 75th Infantry Regiment, in duty MOS 11B4P as an assistant patrol leader from 9 August through 7 September 1971; and

	    (3)  Company E, 3rd Battalion, 21st Infantry, 196th Infantry Brigade, in duty MOS 11B4O as a squad leader from 8 September 1971 through 5 January 1972;

	e.  item 39 (Campaigns) that he served in Vietnam during an [as then] unnamed campaign; and

	f.  item 41 (Awards and Decorations) the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

4.  Headquarters, First Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, Special Orders Number 142, dated 1 August 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 January 1972 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  At the time he had completed 1 year, 6 months, and 29 days of net active service:

   a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Parachutist Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

   b.  Item 30 (Remarks) shows he served in Vietnam from 23 July 1971 to
6 January 1972.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to Company E, 3rd Battalion, 21st Infantry, the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.

7.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Air Medal, Combat Infantryman Badge, or a marksmanship qualification badge with Rifle (M-14) Bar.

8.  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 U.S. Army Human Resources Command (USA HRC), failed to reveal any orders for the Air Medal pertaining to the applicant.

9.  In support of his application, the applicant provides the following documents:

   a.  A signed document that shows First Lieutenant Roger W. R------, Executive Officer, certified the applicant qualified [no level of marksmanship is specified] with the M-14 rifle on 13 November 1970.

   b.  A certificate that shows he completed the Infantry Noncommissioned Officer Candidate Course at the U.S. Army Infantry School, Fort Benning, GA, on
26 February 1971;

   c.  A certificate that shows the applicant completed the Airborne Course at the U.S. Army Infantry School, Fort Benning, on 19 March 1971;
   d.  Headquarters, U.S. Army Vietnam Transient Detachment, Special Orders Number 208, dated 27 July 1971, that assigned the applicant to the Administrative Replacement Detachment, 23rd Adjutant General Company, on 30 July 1971; 

   e.  Headquarters, 23rd Infantry Division (Americal), Special Orders Number 234, dated 22 August 1971, that authorized the performance of hazardous (parachute) duty by the applicant effective 9 August 1971;

   f.  A Certificate of Achievement for the applicant's meritorious service in support of the counterinsurgency effort in the Republic of Vietnam from 9 August to 15 September 1971;

   g.  Company G (Ranger), 75th Infantry, 23rd Infantry Division, memorandum, dated 24 August 1971, subject:  Completion of the 23rd Infantry Division Recondo School, and a certificate that show the applicant completed the 3-week course in Long Range Reconnaissance Patrolling on 28 August 1971;

   h.  Three pages containing 11 photographs titled "[Applicant's Name], Chu Lai, Vietnam, July - September 1971"; "[Applicant's Name], Da Nang, Vietnam, September 1971 - January 1972"; and "Team Moscow, Da Nang, Vietnam, October 1971 [Applicant's Name] with One Unknown and Five Other Named Soldiers";

   i.  Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 7, dated 7 January 1972, two Certificates of Appreciation, and his DD Form 214 that document the applicant's honorable active duty service from 9 June 1970 to his release from active duty on 7 January 1972;

   j.  Headquarters, Office of The Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number
05-1088958, dated 26 May 1976, and an Honorable Discharge Certificate that honorably discharged the applicant from the U.S. Army on 1 June 1976; and

   k.  A letter from the applicant to the DVA, dated 2 March 2010, that rebuts the DVA's decisions associated with his case and states he is addressing issues related to his participation in combat in Vietnam with the ABCMR and is seeking correction of his records.
   
       (1)  The applicant requested a check of citations of the five team members he identifies in one of the photographs he provides to verify his awards.

	    (2)  Review of the USA HRC, ADCARS, failed to reveal any orders for the Air Medal pertaining to the former Soldiers whose names the applicant provided in his Notice of Disagreement to the DVA.
   
10.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

11.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show he was awarded any bronze service stars to signify campaign participation credit:

   a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

   b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows during the applicant's tour in Vietnam from 23 July 1971 to 6 January 1972, he participated in the following campaigns:  Consolidation I (1 July - 30 November 1971) and Consolidation II (1 December 1971 - 29 March 1972).

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal:

   a.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout the entire period of his military service.
   
	b.  There is no adverse information in the applicant's military service records.

   c.  There is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.

	d.  A DA Form 137 (Installation Clearance Record), dated 5 January 1972, shows in the Remarks section that the applicant's conduct and efficiency were rated as "excellent" and that his commanding officer signed the form.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed 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 Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

   a.  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 or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.  During the Vietnam Conflict, announcement of award of the Combat Infantryman Badge was made in unit special orders.

	b.  The Marksmanship Qualification Badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Announcement of the award of the basic marksmanship qualification badges was made in unit special orders.

   c.  U.S. Army military decorations are awarded in recognition of heroism, meritorious achievement, or meritorious service.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  Submission into military channels is defined as "signed by the initiating official and endorsed by a higher official in the chain of command." As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   d.  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. Arabic numerals are used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  For example, the numeral 2 denotes the second award of the Air Medal.

   e.  Pursuant to Title 10, U.S. Code, section 1130 (10 USC 1130), a Member of Congress may request consideration of a proposal for the award or presentation of a decoration that is not otherwise authorized to be presented or awarded due to limitations established by law or policy.  Based upon such review, the Secretary of the Army will make a determination as to the merits of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting under 10 USC 1130.

	f.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Air Medal, the Combat Infantryman Badge, a marksmanship qualification badge with Rifle (M-14) Bar, and his authorized unit awards.

2.  There is no evidence in the applicant's military personnel records that shows he was recommended for, or awarded, the Air Medal:

   a.  A search of the USA HRC, ADCARS, failed to produce orders pertaining to any awards of the Air Medal to the applicant;

   b.  The sincerity of the comments offered by the applicant is not in question. However, the Military Awards regulation is clear in that announcement of personal decorations in orders is required.  The evidence of record fails to satisfy this requirement; and

   c.  Therefore, there is insufficient evidence to support the applicant's claim to the Air Medal.
   
3.  While the available evidence is insufficient for awarding the applicant the Air Medal, this in no way affects the applicant's right to pursue his claim to the award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  The applicant's claim to the Combat Infantryman Badge was carefully considered:

	a.  Records show that the applicant was awarded MOS 11B and that he served in MOS 11B while assigned to Company G (Ranger), 75th Infantry Regiment, and Company E, 3rd Battalion, 21st Infantry, 196th Infantry Brigade, in Vietnam.  However, this evidence, alone, is insufficient as a basis for award of the Combat Infantryman Badge;

	b.  The evidence of record fails to show the applicant satisfactorily performed infantry duties during such time as his unit was engaged in active ground combat and that he actively participated in such ground combat.  In addition, there are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge; and 

	c.  Therefore, in view of the foregoing, the available evidence is insufficient to support the applicant's claim to the Combat Infantryman Badge.

5.  There are no orders or other evidence in the applicant's military personnel records that show he qualified with, or was awarded the a marksmanship qualification badge with Rifle (M-14) Bar.  The document the applicant provides shows he qualified with the M-14 rifle on 13 November 1970; however, it does not show a level of marksmanship (i.e., Expert, Sharpshooter, or Marksman).
In addition, there are no orders awarding him the badge.  Therefore, there is insufficient evidence to support correction of the applicant's records to show award of a marksmanship qualification badge with Rifle (M-14) Bar.

6.  General orders awarded the applicant's battalion the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

7.  The applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show award of two bronze service stars for wear on his already-awarded Vietnam Service Medal.

8.  The applicant served a qualifying period of active service from 9 June 1970 to 7 January 1972 for the first award of the Army Good Conduct Medal.  He received all "excellent" conduct and efficiency ratings throughout his service with no record of a commander's disqualification for the award.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.


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 (1st Award) for exemplary conduct, efficiency, and fidelity for the period 9 June 1970 to 7 January 1972;

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

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st Award), Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 Air Medal, Combat Infantryman Badge, and a marksmanship qualification badge with Rifle (M-14) Bar.  




      _______ _  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)                                         AR20100011283



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011283



9


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1