IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100013103 


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 to his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) to show the Combat Infantryman Badge and the Air Medal and his service in the Republic of Vietnam.

2.  The applicant states he was awarded the Combat Infantryman Badge in November 1968 and the Air Medal in June 1969, both of which are not shown on his DD Form 214.  In addition, he states he served in the Republic of Vietnam from 20 October 1968 to 4 September 1969 for a total of 10 months and 15 days.  He states he served in Japan from 4 September 1969 to an unknown date in December 1969 for an estimated total of 3 months and 20 days.  He concludes by stating he was assigned to Company A, 1st Battalion, 2nd Infantry, 1st Infantry Division.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 12 May 1970 in support of his application.

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 13 May 1968. He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 21 October 1968 to 5 September 1969.  He served with the following units for the time periods specified:

	a.  Company D, 2nd Battalion, 16th Infantry, 1st Infantry Division, from 3 November to 9 November 1968;

	b.  Company A, 1st Battalion, 2nd Infantry, 1st Infantry Division, from 10 November 1968 to 13 August 1969;

	c.  Headquarters and Headquarters Company, 1st Aviation Battalion, 1st Infantry Division, from 14 August 1969 to 22 August 1969; and

	d.  Company B (General Support), 1st Aviation Battalion, 1st Infantry Division, from 23 August 1969 to 5 September 1969 when he became a patient at a field hospital in the U.S. Army Pacific Command. 

4.  Special Orders Number 352 published on 17 December 1968 by Headquarters, 1st Infantry Division, awarded the applicant the Combat Infantryman Badge.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), shows he received "excellent" conduct and efficiency ratings throughout his period of service.  His military personnel records do not show any time lost or record of court-martial.  There is no record of a commander's disqualification for award of the Army Good Conduct Medal.  He did receive one nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for disorderly conduct while a patient at an Army hospital in Japan.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Air Medal.  His personnel service record does not contain general orders announcing award of the Air Medal.
7.  A 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, failed to reveal any orders awarding the applicant the Air Medal.

8.  On 12 May 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his statutory military service obligation.  His DD Form 214 shows he completed 2 years of active service with item 12c (Foreign and/or Sea Service) showing 1 year and 16 days of foreign service in Japan.

9.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards and decorations:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

10.  Item 30 (Remarks) of his DD Form 214 shows the entry "VIETNAM SERVICE 21 OCT 68 THRU 4 SEP 69."

11.  References: 

	a.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Army Regulation 672-5-1 (Military Awards), in effect at the time the applicant was discharged, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the Army Good Conduct Medal.  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.

	c.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal and states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour of duty in Vietnam, he participated in four campaigns:

* Vietnamese Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

	d.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit to which the applicant was assigned was awarded the:

* Valorous Unit Award by Department of the Army General Orders (DAGO) Number 53, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 September 1969-15 February 1970 by DAGO Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class for the period October 1965-7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Infantryman Badge.  Therefore, he is entitled to a correction of his DD Form 214 to show this award.

2.  The applicant's contends he was awarded the Air Medal while serving in the Republic of Vietnam.  However, no general orders were found in his personnel service record or within ADCARS to support his contention that he was awarded the Air Medal.  Therefore, there is no basis to correct his record to show this award.

3.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his tenure of service and that he was fully qualified for reenlistment.  There is no record of evidence showing a commander's disqualification.  The one Article 15 he received was for minor misconduct.  Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of a qualifying period of service from 13 May 1968 to 12 May 1970 ending with termination of his first period of qualifying Federal military service.

4.  Records show his unit received the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tour of duty in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these three unit awards.

5.  Records show the applicant was awarded the Vietnam Service Medal.  Records also show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

6.  Based on the evidence of record, the applicant's DD Form 214 properly shows his foreign service in the Republic of Vietnam in item 30.  Therefore, there is no basis for his contention that his service in the Republic of Vietnam was not properly recorded on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 his period of service from 13 May 1969 to 12 May 1970;

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

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

* Army Good Conduct Medal
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class

2.  The Board further determined 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.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation.  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)                                         AR20100013103



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ABCMR Record of Proceedings (cont)                                         AR20100013103



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