IN THE CASE OF:	  

		BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100013351 


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 Combat Infantryman Badge and the Army Good Conduct Medal.

2.  The applicant states he served in the Republic of Vietnam (RVN) in support of Operation Wheeler during the Tet Offensive in January 1968.

	a.  He states he was told by the Oakland Army Base, CA, personnel department that they would locate his records that they had lost and his DD Form 214 would reflect all of his awards.

   b.  He states he recently requested a copy of his DD Form 214 and discovered it had not been updated with all of his authorized awards.

3.  The applicant provides no additional documentary evidence 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 enlisted in the Regular Army on 28 June 1965 for a period of
3 years.

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

   a.  item 22 (Military Occupational Specialties [MOS]) he was awarded MOS 62E (Construction Machine Operator) on 19 November 1965 and MOS
94B (Cook) on 12 August 1966;

   b.  item 29 (Qualification in Arms) he qualified as a Sharpshooter with the
M-14 rifle on 11 August 1965 and as an Expert with the M-16 rifle on 25 February 1966;

   c.  item 31 (Foreign Service) he served in the RVN from 26 June 1967 through 20 June 1968;
   
   d.  item 33 (Appointments and Reductions) that he was promoted to the rank/grade of specialist five (SP5)/E-5 on 1 December 1967;

   e.  item 38 (Record of Assignments) that he served in:

		(1)  duty MOS 94B as a cook while assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 327th Infantry, 101st Airborne Division, from 2 July 1967 through the date of his departure from the RVN and

   	(2)  he received "excellent" conduct and efficiency ratings throughout his entire period of service;

	f.  item 41 (Awards and Decorations) the Parchutist Badge, National Defense Service Medal, Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar.

4.  Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, Special Orders Number 239, dated 27 August 1965, assigned the applicant for training in MOS 62E.

5.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Special Orders Number 183, dated 12 August 1966, awarded the applicant primary MOS 94B2P.

6.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded an infantry MOS.

7.  The applicant's DD Form 214 shows he was honorably released from active duty as an SP5/E-5 on 28 May 1968 by reason of overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  At the time he had completed 2 years, 11 months, and 1 day of total active service with 10 months and 25 days of foreign service.

   a.  Item 12 (Last Duty Assignment and Major Command) shows Company B, 2nd Battalion (Airborne), 327th Infantry, 101st Airborne Division.

   b.  Item 23a (Specialty Number and Title) shows the entry "MOS 11B3P - Weapons Infantryman."

   c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Presidential Unit Citation.

   d.  Item 26a (Non-Pay Periods/Time Lost) shows the entry "None."

8.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Army Good Conduct Medal.

	a.  There is no adverse information in the applicant's military service records.

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

9.  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 United States Army Human Resources Command, failed to reveal any orders for any individual awards pertaining to the applicant.
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.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* 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)

12.  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.

   a.  This pamphlet shows that at the time of the applicant's assignment to the 2nd Battalion (Airborne), 327th Infantry, the battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) 48, dated 1971.

   b.  Paragraph 6d states that DAGO 8, dated 1974 announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

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 states 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.

DISCUSSION AND CONCLUSIONS:

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

	a.  The evidence of record shows the applicant was awarded MOS 62E in November 1965 and then awarded MOS 94B in August 1966.

   b.  He served in duty MOS 94B as a cook while assigned to the 2nd Battalion (Airborne), 327th Infantry, 101st Airborne Division, in Vietnam.

   c.  Notwithstanding the entry in item 23a of the applicant's DD Form 214, there are no orders or other evidence that shows he was awarded MOS 11B3P.

   d.  There are no orders or other evidence in the applicant's military service records that shows he was awarded the Combat Infantryman Badge;

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

2.  The applicant's claim to the Army Good Conduct Medal was carefully considered.

   a.  Records show the applicant served a qualifying period of active duty enlisted service from 28 June 1965 to 28 May 1968 for award of the first award of the Army Good Conduct Medal.

* He was promoted to SP5/E-5 with 2 years and 6 months of active duty service
* There is no evidence of any time lost or other disqualifying information
* He received "excellent" conduct and efficiency ratings throughout his period of active duty service

   b.  Based on the available evidence, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.



3.  The evidence of record shows:

   a.  The applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of is DD Form 214 to show these bronze service stars.

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

   c.  The applicant qualified with, and special orders awarded him, the Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these weapons qualification badges.

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 (1st award) for the period
28 June 1965 through 28 May 1968; and

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

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 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)                                         AR20100013351



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ABCMR Record of Proceedings (cont)                                         AR20100013351



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