IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100026016 


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 issued a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that lists the Combat Infantryman Badge (CIB) and to be awarded the Air Medal (AM).

2.  The applicant states he should have the CIB shown on his DD Form 214 based on his qualifying combat service as an infantryman in the Republic of Vietnam (RVN).  He states he was given the CIB by his commander, but it was not listed on his DD Form 214.  He also states it is his belief he should have been awarded the AM based on the number of helicopter assaults he participated in; however, he is unsure how to verify this.

3.  The applicant provides the following documents in support of his application:

* DD Form 214
* RVN transfer orders
* Honorable Discharge Certificate
* Bronze Star Medal (BSM) orders
* DD Form 603-1 (War Trophy Registration/Authorization)

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 record shows he enlisted in the Regular Army on 27 October 1965 and was trained in and awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).  It further shows he was promoted to the rank of sergeant (SGT)/E-5 on 27 December 1967 and this is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 21 April 1966 through 20 April 1967.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Headquarters Company and Company A, 4th Battalion, 23rd Infantry Regiment, performing duties in MOS 11H as an infantry indirect fire crewman.  Item 38 also shows the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 contains an entry confirming he was awarded the CIB in Headquarters, 25th Infantry Division, Special Orders 214, dated 17 August 1966.  It also shows the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar.  The AM is not included in the list of earned awards contained in item 41.

5.  The applicant's military personnel records jacket (MPRJ) is void of derogatory information or unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

6.  On 25 October 1968, the applicant was honorably released from active duty in the rank of SGT/E-5 after completing 3 years of active military service.  The DD Form 214 he was issued shows he earned the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* Vietnam Service Medal (VSM)
* National Defense Service Medal
* RVN Campaign Medal
* BSM
* Army Commendation Medal

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and 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 the applicant's service in the RVN, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive, 25 December 1965-30 June 1966
* Vietnam Counteroffensive Phase II, 1 July 1966-31 May 1967

8.  Paragraph 3-16 of Army Regulation 600-8-22 contains guidance on the AM.  It states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  It stated 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.  To be recommended for award of the AM, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.

10.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

11.  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 that during the applicant's assignment to the 23rd Infantry Regiment it was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period April 1966-August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971, and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966-21 January 1970 by DAGO Number 51, dated 1971.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-16 contains guidance on correction and alteration of the DD Form 214.  It states a DD Form 215 (Correction of DD Form 214) will be issued to correct a DD Form 214.  A new DD Form 214 is not issued unless more than two DD Forms 215 have been issued with corrections to the original DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the CIB should be added to his DD Form 214 has been carefully considered and is found to have merit.  The applicant's DA Form 20 contains an entry in item 41 that confirms the applicant was awarded the CIB by proper authority and that this award was authorized and announced in official orders on 17 August 1966.  

2.  Item 38 of the applicant's DA Form 20 confirms the applicant received "excellent" conduct and efficiency ratings in all of his active duty assignments.  Further, his record is void of derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award the applicant the AGCM (1st Award) for his qualifying honorable active duty service from 27 October 1965 through 25 October 1968 and by adding this award to his record and DD Form 214.

3.  Item 41 of the applicant's DA Form 20 shows the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar that was not included in item 24 of his DD Form 214.  His record also shows that based on his RVN service and campaign participation, he is authorized the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214.

4.  The applicant's contention that the AM should be added to his record and DD Form 214 has also been carefully considered.  However, the evidence of record is void of any documents or records indicating the applicant was ever recommended or awarded the AM by proper authority or that he met the regulatory criteria necessary to qualify for award of the AM.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

5.  The applicant's request to be issued a new DD Form 214 has also been carefully considered.  However, since no prior corrections requiring the issuance of a DD Form 215 have been made to the applicant's original DD Form 214, the regulatory criteria necessary to support issuance of a new DD Form 214 has not been satisfied.

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 the applicant the AGCM (1st Award) for his qualifying honorable active duty service from 27 October 1965 through 25 October 1968,

   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and

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

* AGCM (1st Award)
* VSM with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* CIB

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 award of the AM and the issuance of a new DD Form 214.



      __________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)                                         AR20100026016



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ABCMR Record of Proceedings (cont)                                         AR20100026016



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