IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100012546 


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 Purple Heart (PH) and two Bronze Star Medals (BSM) he received during his service in the Republic of Vietnam (RVN).  He also requests award of the Combat Infantryman Badge (CIB) based on this same period of service.

2.  The applicant states the requested awards were not included on his DD Form 214 when he separated on 18 December 1969.

3.  The applicant provides the following:

* A copy of General Orders (GO) Number 2048, Headquarters, 101st Airborne Division, dated 26 June 1968, for award of the PH
* A copy of GO Number 1274, same headquarters, dated 8 June 1968, for award of the BSM during the period 13 May 1967 to 12 May 1968
* A copy of a BSM award certificate, dated 8 February 1970, for the period 
   1 March to 31 December 1969
* A copy of his DD Form 214 

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’s records show he enlisted in the Regular Army on 26 January 1966 for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 94B (Food Service Specialist).  He was honorably discharged on 3 February 1967 for the purpose of immediate reenlistment.  He reenlisted on 4 February 1967 for a period of 3 year years.

3.  On 2 September 1969, Special Orders Number 245, issued by Headquarters, 101st Airborne Division (Airmobile), withdrew the applicant's primary MOS 94B and awarded him primary MOS 11B (Light Weapons Infantryman)and secondary MOS 94B, effective the date of the orders.  He subsequently honorably released from active duty on 18 December 1969 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  A DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that the applicant served two tours in the RVN during the periods
13 May 1967 through 12 May 1968 and 18 December 1968 through
17 December 1969.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tours of duty in Vietnam, he served in MOS 94B and 11B with the units as follows:

* 10 May 67 - 12 May 1968 in MOS 94B with Headquarters and Headquarters Company (HHC), 2nd Battalion, 327th Infantry
* 23 December 1968 - 13 February 1969 in MOS 94B with the 142nd Transportation Company
* 14 February 1969 - 9 August 1969 in MOS 94B with Co D, 2nd Battalion (Airmobile), 327th Infantry. 101st Airborne Division


* 9 August 1969 - 15 December 1969 in MOS 11B with Co D, 2nd Battalion (Airmobile), 327th Infantry, 101st Airborne Division

6.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge, per Special Orders (SO) 262, dated 9 November 1966
* CIB (First Award), per SO 45, no date given
* BSM, per GO 1274, dated 8 June 1968
* PH, per GO 2048, dated 9 March 1968
* Army Commendation Medal, per GO 12778, dated 7 October 1969
* Meritorious Unit Commendation
* Two overseas service bars

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Two Overseas Service Bars

8.  The applicant provides a copy of the GO 2048 which awarded him the PH for wounds received in action on 9 March 1968 and a copy of GO 1274 which awarded him the BSM for meritorious service during the period 13 May 1967 to 12 May 1968.

9.  He also provides a copy of an award certificate which shows he was awarded the BSM on 8 February 1970 for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from 1 March 1969 to 
31 December 1969.  This certificate was signed by the commanding general of the 101st Airborne Division.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 applicant awarding him the Bronze Star Medal for the period 1 March 1969 to
31 December 1969.

11.  The applicant contends he should be eligible for award of the CIB due to his combat time in Vietnam.  His records fail to reveal orders for this award, but it is depicted in item 41 of his DA Form 20.

12.  A review of the applicant's records indicates entitlement to additional awards which are not shown on his DD Form 214.

13.  The applicant’s records contain a copy of GO 12778 which awarded him the Army Commendation Medal for meritorious achievement during the period 1 May 1969 to 30 September 1969.

14.  The applicant's records are void of documentation showing he was recommended for or awarded the Army Good Conduct Medal  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military career.  His record is void of any derogatory information that could serve to disqualify him for this award.

15.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended 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.

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following eight campaigns:

* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)


* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

17.  Department of the Army Pamphlet 672-3 establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant’s assignments to the RVN, his units received the following awards:

   a.  2nd Battalion, 327th Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 
2 May 1970 by Department of the Army General Orders 48, dated 1971; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 43, dated 1970,  

   b.  101st Airborne Division and its subordinate units were awarded the Meritorious Unit Commendation for the period 1 November 1968 to 30 June 1970 by Department of the Army General Orders  51, dated 1971, and 
   
   c.  142nd Transportation Company was awarded the Meritorious Unit Commendation for the period 1 November 1968 to 31 January 1970 by Department of the Army General Orders 51, dated 1971.

18.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

19.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show award of the PH, two awards of the BSM, and the CIB was carefully considered and was found to have partial merit.

2.  The applicant’s records contain copies of orders which show he was awarded the Purple Heart, BSM (First Award), and the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record confirms that while serving in combat operations in Vietnam, the applicant served in an infantry duty MOS (11B) in a qualifying infantry unit (2nd Battalion, 327th Infantry).  However, although he may have performed duties associated with MOS 11B when he was wounded in action, he in fact held MOS 94B.  It was not until September 1969 that he was officially awarded MOS 11B.  As a result, the regulatory criteria to support award of the CIB has not been satisfied.  Therefore, there is an insufficient basis for awarding him the CIB in this case.

4.  The applicant provided a BSM certificate that indicates he was awarded the BSM for meritorious achievement during the period 1 March 1969 to
31 December 1969.  However, there is no evidence of record and the applicant did not provide any evidence that shows official orders were issued, as required by Army regulations.  Therefore, there is an insufficient basis for granting this portion of the applicant's request.

5.  The evidence of record confirms the applicant served honorably during the period 26 January 1966 through 18 December 1969.  He received "excellent" conduct and efficiency ratings throughout his military service with no evidence of any derogatory action or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, based on his overall record of service, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

6.  General orders awarded the applicant's unit the Meritorious Unit Commendation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.


7.  General orders awarded the applicant’s unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

8.  The applicant was previously awarded the Vietnam Service Medal.  His records show he participated in eight campaigns while serving in the RVN.  Therefore, he is entitled to one silver service star and three 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 Vietnam Service Medal,

	b.  awarding him the Army Good Conduct Medal (First Award) for the period 26 January 1966 through 25 January 1969, and

   c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with one silver service star and three bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Meritorious Unit Commendation

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 a 2nd award of the Bronze Star Medal and award of the Combat Infantryman Badge.




      ___________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)                                         AR20100012546



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ABCMR Record of Proceedings (cont)                                         AR20100012546



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