IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110000040 


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 the correct amount of time he served in the Republic of Vietnam (RVN), his correct military occupational specialty (MOS), and all authorized awards and decorations, including the Tet Campaign Medal.

2.  The applicant states he was assigned to Company B, 2nd Battalion,
502nd Infantry, 101st Airborne Division in the RVN:

   a.  He was awarded MOS 11H1O (Indirect Fire Crewman) in 1968;

   b.  He served in the RVN from 22 March through 28 May 1968; this service equals 2 months and 6 days;

   c.  He was a patient in the 7th Field Hospital, Japan, from 29 May through
1 August 1968; this service equals 64 days;

   d.  He was transferred to Letterman Hospital, Fort Irwin, CA, and he was later returned to duty;

   e.  He was awarded MOS 64B2O (Heavy Truck Driver) and he drove a bus during the period 4 October through 9 December 1968;


   f.  He was transferred to Headquarters and Headquarters Company (HHC),
7th Battalion, 6th Infantry, 2nd Armored Division, Fort Hood, TX, and he was awarded MOS 76A1O (Supplyman);

   g.  He asserts that he was never assigned or worked in MOS 63C2O (General Vehicle Repairman);

   h.  He states he was awarded the Purple Heart, Air Medal, Army Commendation Medal, Army Good Conduct Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Automatic and Recoilless Rifle Bars, and he participated in the Tet Counteroffensive campaign; and

   i.  He concludes by stating his records were not checked at the time of separation and, as a result, his DD Form 214 was not properly prepared.

3.  The applicant provides copies of his Purple Heart award orders, a letter, his DA Form 20 (Enlisted Qualification Record), and 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.  The applicant was inducted into the Army of U.S. for a period of 24 months on
1 November 1967.

3.  The applicant's DA Form 20 shows in:

   a.  item 22 (Military Occupational Specialties) he was awarded primary MOS (PMOS) 11H1O on 22 March 1968, this entry is lined-thru (deleted) and the next entry shows he was awarded PMOS 63C2O;


   b.  item 29 (Qualification in Arms) he qualified:

* Expert with the M-14 Rifle on 9 December 1967
* Expert with the 106mm Recoilless Rifle on 14 February 1968
* 1st Class Gunner [Sharpshooter] with the .45 Caliber Pistol on
24 January 1968
* 1st Class Gunner [Sharpshooter] with the M-16 Rifle on 15 February 1968

	c.  item 31 (Foreign Service) he served in the RVN from 16 April through
28 May 1968;

	d.  item 38 (Record of Assignments) shows he was:

* In a casual status en route to the RVN from 22 March through
23 April 1968
* Serving in duty MOS (DMOS) 11H1O while assigned to Company B,
2nd Battalion, 502nd Infantry, 101st Airborne Division, from 24 April through 28 May 1968
* A patient in the 7th Field Hospital [Japan] from 29 May through
31 July 1968
* In a casual status en route to the continental United States (CONUS) on 1 August 1968
* A patient in Letterman General Hospital, Fort Irwin, CA, from 2 August through 3 October 1968
* Serving in DMOS 76A1O while assigned to the U.S. Army Garrison, Fort Irwin, CA, from 4 October through 8 December 1968
* Serving in DMOS 64B2O while assigned to HHC, 7th Battalion,
6th Infantry, 2nd Armored Division, Fort Hood, TX, from 20 January through 1 September 1969

	e.  item 39 (Campaigns) he served in:

* TET Offensive [sic]
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* an [as then] unnamed campaign





	f.  item 41 (Awards and Decorations) the National Defense Service Medal and Vietnam Service Medal.

4.  Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, Special Orders Number 336, dated 12 December 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

5.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, Special Orders:

   a.  Number 026, dated 30 January 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol (.45 Caliber) Bar;

   b.  Number 044, paragraph 204, dated 19 February 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar; and 

   c.  Number 044, paragraph 244, dated 19 February 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Recoilless Rifle (106mm) Bar.

6.  Headquarters, 2nd Armored Division, Fort Hood, TX, Special Orders Number 97, dated 7 April 1969, withdrew the applicant's PMOS of 11H1O and awarded him PMOS 63C2O and secondary MOS 11H2O, effective 31 March 1969.

7.  Headquarters, III Corps and Fort Hood, Fort Hood, TX, Special Orders Number 202, dated 26 August 1969, released the applicant from active duty (REFRAD) on 2 September 1969 and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training), effective 3 September 1969.  The Standard Name Line of the orders shows he held PMOS 63C2O.

8.  A DD Form 214 shows the applicant entered active duty on 1 November 1967, was honorably REFRAD on 2 September 1969, and transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation.
He completed 1 year, 10 months, and 2 days of net active service.  It shows in:

   a.  item 22c (Foreign and/or Sea Service), he served in the U.S. Army Pacific (USARPAC) for 1 month and 13 days;

   b.  item 23a (Specialty Number and Title) the entry "63C2O Gen Veh Rpr" [General Vehicle Repairman]; and

   c.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal with three bronze service stars, and Expert Marksmanship Qualification Badge with Pistol Bar.

9.  The applicant's military personnel records do not contain any orders or other evidence that shows he was awarded MOS 64B2O or MOS 76A1O.

10.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Purple Heart, Air Medal, Army Commendation Medal, Army Good Conduct Medal, or Combat Infantryman Badge.

11.  The applicant's DA Form 20 shows he was authorized the Vietnam Service Medal and that he participated in four campaigns.

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:  

   a.  Paragraph 2-13 provides the regulatory guidance on the Vietnam Service Medal.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  It also states that one bronze service star is authorized with this service medal for each Vietnam Conflict campaign a member is credited with participating in;

   b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's tour in Vietnam from 16 April through 28 May 1968, participation credit was awarded for the Vietnam Counteroffensive Phase IV campaign from 2 April - 30 June 1968; and

   c.  As a matter of information, Table B-1 also shows, in pertinent part, the following campaigns and dates:

* Tet Counteroffensive  (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI  (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969  (23 February - 8 June 1969)


13.  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 Company B, 2nd Battalion, 502nd Infantry, 101st Airborne Division, the battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 48, dated 1971; and

	b.  Paragraph 6d states that DAGO Number 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.

14.  There is no evidence the applicant was awarded the first award of the Army Good Conduct Medal:

   a.  Item 38 of his DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his entire period of active duty service;

   b.  There is no adverse information in the applicant's military personnel records; and

   c.  There is no evidence the applicant's commander disqualified him from receiving the award.

15.  A review of The Adjutant General's Office, Casualty Division's Vietnam Casualty Roster shows the applicant's name is listed as a casualty on
22 May 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

16.  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 for the applicant.


17.  In support of his application, the applicant provides the following documents:

   a.  Headquarters, 22nd Surgical Hospital (Mobile Army), General Orders Number 35, dated 23 May 1968, that awarded the applicant the Purple Heart for a wound received in action in the RVN on 22 May 1968; and
   
   b.  Headquarters, 22nd Surgical Hospital (Mobile Army), letter, dated 23 May 1968, subject:  Award of Purple Heart, that shows the commanding officer notified the applicant of award of the Purple Heart for his injury as a result of hostile action.  He noted the award attests to the fact that the applicant's injury was a result of hostile action.  He also commended the applicant for the valiant manner in which he served his country.

18.  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.

19.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), appendix V, states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  During the Vietnam Conflict, announcement of award of the Combat Infantryman Badge was made in unit special orders.

20.  Army Regulation 600-8-22 provides:  

   a.  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;

	b.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973:

	    (1)  Qualifying service included assignment in Vietnam for 6 months or more; and

	    (2)  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service, but were wounded as a result of hostile action are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

	c.  the regulation does not show the Tet Campaign Medal as an authorized Department of Defense or U.S. Army award or decoration; and
   
   d.  Chapter 3 (U.S. Army Individual Decorations) provides for award of individual military decorations in time of war and peace for heroism and for meritorious achievement or service.  It states that for personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required:

	    (1)  The Air Medal 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; and 

	    (2)  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.

21.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214:

   a.  It states the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date; and

   b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

       (1)  Item 22c provides detailed instructions for computing creditable service for basic pay.  It shows for enlisted Soldiers enter the total active service outside of CONUS for the period covered by the DD Form 214 and the last overseas theater service was performed (e.g., USARPAC);

       (2)  Item 23a states enter PMOS code number and title.  If the specialty represented by the MOS has a related civilian occupation, enter in item 23b the appropriate job title and code number from the dictionary of occupational titles; and

       (3)  Item 24 states list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served in the RVN for 2 months and 6 days, his MOS was 11H1O, and all of his authorized awards and decorations, including the Purple Heart, Air Medal, Army Commendation Medal, Army Good Conduct Medal, Republic of Vietnam Campaign Medal with (1960) Device, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Automatic and Recoilless Rifle Bars, and Tet Campaign Medal.

2.  Records show the applicant served overseas in the RVN from 16 April through 28 May 1968.  He was medically evacuated to Japan and hospitalized there as a patient from 29 May through 31 July 1968.

   a.  A calculation of this period of service shows the following:

	1968  08  01   date of return to CONUS
         - 1968  04 16   date of deployment to RVN
        	    00  03  15	  net
   +   			01   inclusive day
        =     00  03  16   total foreign service in USARPAC

   b.  Item 22c of his DD Form 214 shows 1 month and 13 days of foreign service.  In view of the foregoing, it would be appropriate to correct the applicant's record in this instance.

3.  Although the applicant served in DMOS 64B2O and 76A1O, there is insufficient evidence to show he was awarded MOS 64B2O or 76A1O:

   a.  Records show the applicant was initially awarded PMOS 11H1O.  Records, including official orders, also show MOS 11H1O was withdrawn as his PMOS and he was awarded PMOS 63C2O on 7 April 1969;

   b.  Although there is no evidence that the applicant served in MOS 63C2O, he clearly held the MOS at the time he was separated from active duty.  The evidence of record also shows the PMOS code number and title will be entered in item 23a of the DD Form 214; and
   
   c.  Item 23a of the applicant's DD Form 214 shows MOS 63C2O (General Vehicle Repairman).  (The intent of entering information in item 23 of the DD Form 214 was to aid the veteran in obtaining civilian employment.)  Thus, in view of all of the foregoing, there is no basis for correcting this item.

4.  There is no evidence of record that shows the applicant was awarded the Air Medal or Army Commendation Medal.  Therefore, he is not entitled to correction of his records to show either of these awards.

5.  The evidence of record does not support the applicant's contention that he participated in either the Tet Counteroffensive  (30 January - 1 April 1968) or Tet Counteroffensive 1969  (23 February - 8 June 1969).  In addition, the Military Awards regulation does not show the Tet Campaign Medal as an authorized award or decoration:

   a.  Item 39 of the applicant's DA Form 20 shows he participated in four campaigns, one of which was the Tet Offensive [sic].

   b.  Item 24 of his DD Form 214 shows he was awarded the Vietnam Service Medal with three bronze service stars, which represents participation in three campaigns in the RVN.

   c.  However, based on the applicant's period of service in the RVN from
16 April through 28 May 1968, the governing DA pamphlet confirms he participated in one (1) campaign (i.e., the Vietnam Counteroffensive Phase IV).  Thus, he is entitled to one bronze service star to be affixed to his Vietnam Service Medal.

   d.  Thus, it would be appropriate to correct his records to show he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal.


6.  The evidence of record shows:

   a.  general orders awarded the applicant the Purple Heart;

	b.  the applicant qualified for award of the Republic of Vietnam Campaign Medal with Device (1960);

	c.  general orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	d.  special orders awarded the applicant the Expert Marksmanship Qualification Badge with Recoilless Rifle (106mm) Bar and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

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

	a.  The available records show the applicant was an infantryman indirect fire crewman, he satisfactorily performed infantry duties, and he was assigned to an infantry unit during his tour of duty in the RVN;

   b.  The available records also show the applicant was wounded in action in connection with military operations against a hostile force in the RVN on 22 May 1968 and he was awarded the Purple Heart.  In addition, the applicant's commander noted the applicant's injury was a result of hostile action and he commended him for the valiant manner in which he served his country;
   
   c.  Thus, it is concluded the applicant's unit was engaged in active ground combat and the applicant actively participated in such ground combat.

	d.  Therefore, in view of the foregoing, it would be appropriate to award the applicant the Combat Infantryman Badge and to correct his DD Form 214 to show this badge.

8.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.  He received conduct and efficiency ratings of "excellent" and there is no evidence the applicant's commander disqualified him from the award.  Based on the available evidence, it would be appropriate to award the Army Good Conduct Medal to the applicant and correct his records.

9.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show all of his awards and decorations, as recommended below.

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 the applicant the Combat Infantryman Badge for satisfactory performance of duty against an active hostile ground force in the Republic of Vietnam while assigned to Company B, 2nd Battalion, 502nd Infantry,
101st Airborne Division, during the period 24 April to 22 May 1968;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity from 1 November 1967 to
2 September 1969; and

   c.  correcting his DD Form 214 by:

   	(1)  deleting from item 22c the entry "0 [years], 1 [month], and
13 [days]";

   	(2)  adding to item 22c the entry "0 [years], 3 [months], 16 [days]";

        (3)  deleting from item 24 all of the awards and decorations listed; and

        (4)  adding to item 24 the Purple Heart, Army Good Conduct Medal
(1st Award), National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-14) and Recoilless Rifle (106mm) Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16), and Pistol (.45 Caliber) Bars.

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 his MOS, the Air Medal, Army Commendation Medal, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and Tet Campaign Medal.




      _______ _   _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)                                         AR20110000040



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ABCMR Record of Proceedings (cont)                                         AR20110000040



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