IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100027655 


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, in effect, he:

   a.  completed the Infantry Leaders Course Phase I and II; 

   b.  was authorized award of the Purple Heart (PH), Combat Infantryman Badge (CIB), Air Medal (AM), Bronze Star Medal (BSM), and Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation; and  

   c.  was authorized the following unit awards due to his service with the 1st Air Cavalry Division:
   
* two Presidential Unit Citations
* Valorous Unit Award (VUA) 
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  He states he began Phase I of the Infantry Leaders Course on or about 7 July 1969 and graduated on 30 September 1969.  He completed Phase II on or about 5 February 1970.  He also states, in effect, that he recently attended an event in Washington, DC and he found out some other men in his unit had been awarded the CIB and AM.  He believes he should have also received these awards.  He states he was wounded and evacuated from Vietnam which may be the reason he did not receive these awards.  Upon his return to the United States, he was told he had been awarded the BSM with "V" Device, but never received it.

3.  He provides eight documents identified in a list.

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 6 February 1969.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on 13 October 1970 due to early release from medical hold.  He completed 1 year, 8 months, and 8 days of total active service.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 27 (Military Education) he completed the 12-week Infantry Leaders Course (Phase I) at the U.S. Army Infantry School (USAIS) in 1969;

   b.  item 31 (Foreign Service) he was credited with service in Vietnam from 6 April to 22 May 1970;

   c.  item 38 (Record of Assignments) he was assigned to:

* 81st Company, The Candidate Brigade, USAIS, Fort Benning, GA, as a Noncommissioned Officer (NCO ) Candidate from 7 July to 
30 September 1969
* Company D, 2d Battalion, 2d Advanced Individual Training Brigade, Fort Ord, CA, as a Student NCO in the Combat Leaders Course Phase II from 4 November 1969 to 4 February 1970
* Company B, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile) as a squad leader in duty MOS 11B from 16 April to 24 May 1970
* U.S. Army Hospital, Camp Zama, Japan, and the Medical Holding Detachment, Reynolds Army Hospital, Fort Sill, OK, from 25 May 1970 until he was released from active duty
   d.  item 40 (Wounds) he received a fragment wound to his right leg on 20 May 1970.

4.  His DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with one bronze service star
* Republic of Vietnam Campaign Medal
* Army Commendation Medal (ARCOM)
* Expert Marksmanship Qualification Badge

5.  Item 25 (Education and Training Completed) of his DD Form 214 does not show he completed Phase I or Phase II of the Infantry Leaders Course.

6.  The record does not show whether or not he successfully completed Phase II of the Infantry Leaders Course.

7.  General Orders Number 8354, issued by Headquarters, 1st Cavalry Division (Airmobile), on 23 May 1970, announced award of the ARCOM with "V" Device for his heroism on 20 May 1970.  The citation published in the orders notes he was wounded in action.

8.  The record is void of documentation showing he was awarded the BSM with "V" Device, AM, or CIB.

9.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command failed to reveal orders awarding him the CIB, AM, BSM, or PH.

10.  His record includes a statement from The Adjutant General, furnished on 8 March 1971, confirming he was entitled to the PH for wounds he received in action in Vietnam on 20 May 1970.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 5th Battalion, 7th Cavalry, was cited for the following awards for periods during which the applicant was assigned to the unit:

   a.  the VUA for the period 1 May – 29 June 1970, by Department of the Army General Orders (DAGO) Number 43, dated 1972; and 
   b.  the RVN Gallantry Cross with Palm Unit Citation for the period                 21 February 1970 – 28 February 1971, as confirmed by DAGO 42, dated 1972.

12.  Department of the Army Pamphlet 672-3 does not show the 5th Battalion, 7th Cavalry, was awarded the PUC.  The unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 – 1 February 1970, prior to the applicant's service with the unit.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states a Soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited.  

14.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

15.  Army Regulation 600-8-22 states the CIB is awarded to infantry officers and to 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.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  

16.  U.S. Army Vietnam (USARV) 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.  However, the regulation was clear that these guidelines were considered only a departure point:  


	a.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

   b.  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.  Since various types of missions would have been completed in accumulating flight time toward award of an AM for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

17.  A review of his record indicates entitlement to additional awards and decorations that are not listed on his DD Form 214.

18.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The applicant's service in Vietnam coincided with two campaigns:  Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) and Sanctuary Counteroffensive (1 May - 30 June 1970).

19.  Special orders issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, awarded him the following badges:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Second Class Gunner Marksmanship Qualification Badge with Machinegun Bar [now known as the Marksman Marksmanship Qualification Badge]
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

20.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for: 

   a.  item 24 to enter all decorations, service medals, campaign credits, and badges awarded or authorized; and 

	b.  item 25 enter the installation training courses (qualification courses), military correspondence courses, and off-duty courses an enlisted member successfully completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he completed the Infantry Leaders Course Phase I.  Although the record is less clear regarding his completion of Phase II, he was assigned to duty as a squad leader in Vietnam, indicating he successfully completed the course.  Therefore, it would be appropriate to correct his DD Form 214 to show he completed the Infantry Leaders Course Phase I and II.     

2.  The Adjutant General verified his entitlement to the PH for wounds he received in action on 20 May 1970.  Therefore, he is entitled to correction of his DD Form 214 to show the PH.

3.  He states he was told he was awarded the BSM with "V" Device; however, the record shows he was awarded the ARCOM with "V" Device.  The "V" Device is not shown on his DD Form 214.  Therefore, he is entitled to correction of his 
DD Form 214 to show the ARCOM with "V" Device.  

4.  The record does not show he was recommended for or awarded the AM.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

5.  He was assigned to a subordinate unit of the 1st Cavalry Division (Airmobile).  Therefore, he is only entitled to unit awards that the subordinate unit received while he was assigned to that unit.  His unit was not awarded the PUC or RVN Civil Actions Honor Medal First Class Unit Citation for periods coinciding with his assignment.  Therefore, he is not entitled to correction of his DD Form 214 to show these unit awards.

6.  His unit was awarded the VUA and RVN Gallantry Cross with Palm Unit Citation for periods that coincide with his service in the unit.  Therefore, he is entitled to correction of his record to show these unit awards.

7.  He was wounded in action while serving as an infantry squad leader assigned to a cavalry unit.  This service meets the criteria for award of the CIB.  Therefore, he is entitled to award of the CIB and correction of his DD Form 214 to show this award.

8.  His service in Vietnam coincided with two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show he is authorized to wear two bronze service stars on the previously-awarded VSM.

9.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Machinegun Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these 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.  awarding him the CIB;

	b.  deleting from his DD Form 214, item 24, the "VSM/BSS," "ARCOM," and "EXP QUAL BDGE";

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

* ARCOM with "V" Device
* VSM with two bronze service stars
* CIB
* VUA
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machinegun Bar

	d.  adding to his DD Form 214, item 25, the "Infantry Leaders Course Phase I and II."

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 BSM, two awards of the PUC, and the RVN Civil Actions Honor Medal First Class Unit Citation.  




      ____________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)                                         AR20100027655



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ABCMR Record of Proceedings (cont)                                         AR20100027655



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