IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020119 


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 to be awarded the Combat Infantryman Badge (CIB), Air Medal (AM), and Valorous Unit Award (VUA) and to have these awards added his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states he served with Company C, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade (Separate) (Light), during his tour of duty in Vietnam.  He participated in the Tet Offensive, he flew in at least 40 combat missions, and he served in direct combat.

3.  He provides 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.  His records show he was inducted into the Army of the United States on 27 September 1966.

3.  His DA Form 20 (Enlisted Qualification Record) shows the following entries:

* item 31 (Foreign Service) – he served in Vietnam from 8 March 1967 to 7 March 1968
* item 38 (Record of Assignments) – he was assigned to Company C, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade (Separate) (Light), in Vietnam
* item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)

4.  His military personnel record contains Special Orders (SO) Number 105, Headquarters, 199th Infantry Brigade (Separate) (Light), dated 15 April 1967, showing he was awarded the CIB.

5.  His DD Form 214 shows he was honorably released from active duty on 26 September 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the following awards:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  A review of his records failed to reveal any documentation and he has not provided sufficient evidence to show he received or was considered for award of the AM.

7.  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 U.S. Army Human Resources Command, failed to reveal any orders awarding him the AM.

8.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his military career.  His record is void of any derogatory information that could serve to disqualify him for this award.

9.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows during the period of his assignment with Company C, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade (Separate) (Light), this unit was awarded the following awards by Department of the Army General Orders (DAGO):

* VUA for the period 31 January to 19 February 1968 by DAGO Number 48, dated 1968
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by DAGO Number 31, dated 1971

11.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

* Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973

12.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  The following campaigns coincide with the applicant's period of service in Vietnam:

* Vietnam Counteroffensive Phase II, 1 July 1966-31 May 1967 
* Vietnam Counteroffensive Phase III, 1 June 1967-29 January 1968
* Tet Counteroffensive, 30 January 1968-1 April 1968

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  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 AM.

DISCUSSION AND CONCLUSIONS:

1.  His military personnel record contains a copy of SO's awarding him the CIB.  Therefore, he is entitled to have this badge added to his DD Form 214.

2.  The evidence of record confirms he served honorably from 27 September 1966 through 26 September 1968.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

3.  DAGO's awarded his unit the VUA, RVN Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

4.  He was previously awarded the VSM.  His records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars for wear on his previously-awarded VSM.

5.  His record is void of evidence and he did not provide sufficient evidence to show his entitlement to award of the AM.  As a result, he is not entitled to correction of his record to add 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 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 AGCM (1st Award) for the period 27 September 1966 through 26 September 1968,

	b.  deleting the VSM from item 24 of his DD Form 214, and

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

* Army Good Conduct Medal (First Award)
* VSM with three bronze service stars
* CIB
* VUA
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN 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 AM.



      _________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)                                         AR20100020119



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ABCMR Record of Proceedings (cont)                                         AR20100020119



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