IN THE CASE OF:	

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100021156 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as specialist five (SP5) and to show the awards of the Army Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), Air Medal (14th Oak Leaf Cluster), and any medals awarded to his unit in Vietnam.

2.  The applicant states, in effect, the awards were not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Letter from the National Personnel Records Center
* Six orders
* Memorandum
* Standard Form 88 (Report of Medical Examination)
* Standard Form 89 (Report of Medical History)

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 was inducted into the Army of the United States on 16 October 1964 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from on or about 2 September 1965 to on or about 27 August 1966 while assigned to the 114th Aviation Company.

3.  Headquarters, 25th Infantry Division Special Orders Number 91, dated 14 April 1965, awarded him primary MOS 111.00 (Light Weapons Infantryman).  MOS 111.00 was re-designated as 11B in 1964.

4.  Headquarters, 1st Aviation Brigade General Orders (GO) Number 688, dated 22 October 1966, awarded him the Air Medal (14th Oak Leaf Cluster) for meritorious achievement in Vietnam while participating in aerial flight for the period 13 July - 14 August 1966.

5.  His records do not contain orders awarding him the Combat Infantryman Badge.

6.  He was honorably released from active duty on 28 August 1966 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 13 days of total active service with no lost time.

7.  Item 26 (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, Vietnam Combat [sic] Campaign Medal (properly known as the Republic of Vietnam Campaign Medal with Device (1960)), Air Medal (9th Oak Leaf Cluster), Aircraft Crewman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).


8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal.

9.  Army Regulation 672-5-1 (Military Awards), 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.  For the first award only, an individual is eligible upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year, ending 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.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, he participated in the following three campaigns:

* Vietnam Defense Campaign, 8 March - 24 December 1965
* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966
* Vietnam Counteroffensive Phase II, 1 July 1966 - 31 May 1967

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 114th Aviation Company, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 - 26 March 1967 by Department of the Army GO Number 22, dated 1968.

12.  The applicant provides Headquarters, 25th Infantry Division Special Orders Number 91, dated 14 April 1965, and states that this order promotes him to the grade of SP5.

13.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge is awarded to infantry officers, enlisted, and warrant officer persons who have an infantry 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 Regulation 672-1 (Decorations and Awards) provides 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.  General Orders awarded him the Air Medal (14th Oak Leaf Cluster) denoting the 15th award of the Air Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  His DD Form 214 already lists his award of the Republic of Vietnam Campaign Medal with Device (1960).  However, as it is incorrectly shown as the "Vietnam Combat Medal" it would be appropriate to correct his records to show the Republic of Vietnam Campaign Medal with Device (1960).

3.  The evidence of record confirms he served honorably during the period 16 October 1964 through 28 August 1968.  He attained the rank/grade of   SP4/E-4 and he received all "excellent" conduct and efficiency ratings throughout this service.  His record also is void of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, 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.

4.  He participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this award.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  With respect to the rank/grade of SP5/E-5.  The evidence of record shows that although Headquarters, 25th Infantry Division Special Orders Number 91 promoted two Soldiers to the rank/grade of SP5/E-5, the portion of the order that pertained to the applicant awarded him MOS 111.00.  His rank/grade is correctly shown on his DD Form 214 as SP4/E-4.  Therefore, he is not entitled to the requested relief.

7.  With respect to the Combat Infantryman Badge, 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 to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.



8.  His infantry MOS and service in Vietnam are not in question.  However, there is no evidence in his available records nor did he provide any evidence that shows he was personally present with a qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat while assigned as an 11B.  Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

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 26 of his DD Form 214 the Air Medal (9th Oak Leaf Cluster), Vietnam Service Medal, and the Vietnam Combat Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 October 1964 through 28 August 1966; and

	c.  adding to item 26 of his DD Form 214 the Air Medal (15th Award), Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the 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 correction his records to show his rank/grade as SP5/E-5 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)                                         AR20100021156





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ABCMR Record of Proceedings (cont)                                         AR20100021156



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