IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110005684


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:

* Combat Infantryman Badge (CIB)
* Senior Parachutist Badge
* Air Medal (AM)
* Bronze Star Medal (BSM)
* Army Good Conduct Medal (AGCM)
* Purple Heart (PH) with one oak leaf cluster (1OLC)
* Ranger School
* Jumpmaster School

2.  The applicant states he reported these discrepancies when he retired in 1969.  He presented the Department of Veterans Affairs with orders and certificates.

3.  The applicant 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.  The applicant enlisted in the Regular Army on 25 May 1965.  He was trained in and awarded military occupational specialty (MOS) 11B1O (Light Weapons Infantryman).  He completed the Basic Airborne Course on 29 October 1965 and was awarded the Parachutist Badge and the MOS additional skill identifier "P" making his MOS 11B1P.

3.  The applicant served in the Dominican Republic with Company C, 2nd Battalion, 508th Infantry Regiment, 82nd Airborne Division, from 7 November 1965 to 19 September 1966 and was awarded the Armed Forces Expeditionary Medal (AFEM).

4.  On 16 October 1967, the applicant was transferred to the Republic of Vietnam (RVN) where he served with Company B, 2nd Battalion, 327th Infantry Regiment, 101st Airborne Division.  On 8 December 1967, he was wounded in action when he received multiple gunshot wounds to his right arm.  He was medically evacuated from the 36th Evacuation Hospital, RVN, and to Fitzsimons General Hospital, Denver, CO.  He was treated for his wounds and medically retired.  At the time of his retirement he held the temporary rank and pay grade of sergeant/E-5 with the permanent rank and pay grade of specialist four/E-4.

5.  The applicant's official military personnel file (OMPF) contains a DA Form 20 (Enlisted Qualification Record) which shows:

* in item 27 (Military Education) – no entry
* in item 28 (Specialized Training) –

* Army Training Program (ATP) 21-114 [Basic Combat Training]
* Code of Conduct
* Basic Airborne Course
* Chemical/Biological/Radiological (CBR) training

* in item 38 (Record of Assignments) – conduct and efficiency ratings of "excellent"
* in item 40 (Wounds) – gunshot wound right arm 8 December 1967
* in item 41 (Awards and Decorations) –

* Parachutist Badge
* AFEM
* National Defense Service Medal (NDSM)
* Expert Infantryman Badge (EIB)
* Vietnam Service Medal
* RVN Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  There are no orders in the applicant's OMPF showing he was awarded the BSM, AM, AGCM, CIB, Senior Parachutist Badge, or a second PH.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for the BSM, AM, AGCM, or CIB pertaining to the applicant.

7.  There is no evidence of record to show the applicant ever attended the Jumpmaster Course or Ranger School.

8.  There is no evidence the applicant was ever awarded the Senior Parachutist Badge.

9.  The applicant's DD Form 214 shows:

* in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* PH
* NDSM
* AFEM
* VSM
* RVN Campaign Medal
* Parachutist Badge
* EIB
* Marksman Marksmanship Qualification Badge with Rifle Bar

* in item 25 (Education and Training Completed) –

* ATP 21-114
* Basic Airborne

10.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the AGCM, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides that all personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.  Insofar as the applicant's request, the regulation states:

	a.  There are basically three requirements for award of the CIB.  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.

	b.  Award of the Senior Parachutist Badge requires a rating of "excellent" in character and efficiency, completion of 30 jumps (15 with combat equipment, 2 night jumps with 1 as jumpmaster, and 2 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months.

	c.  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.

	d.  The BSM 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.

	e.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  During the period of the Vietnam War, the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

	f.  The PH is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  An OLC is awarded to denote the second and succeeding awards of certain decorations, among which is the PH.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation then in effect stated all installation training courses, military correspondence courses, and off-duty courses successfully completed would be entered in item 25.

12.  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 the 2nd Battalion, 327th Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Orders Number 43, dated 1970.  The unit was also cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests awards and training be added to his DD Form 214.

2.  Regarding awards, the following additions to his DD Form 214 are justified:

	a.  The applicant was a good Soldier with "excellent" conduct and efficiency ratings and no court-martial convictions.  He should have been awarded the AGCM for the period 25 May 1965 to 24 May 1968, his first 3 years of service.  Therefore, he should be awarded the AGCM (1st Award) at this time and this award should be added to his DD Form 214.

	b.  The applicant was an airborne infantryman (MOS 11B4P).  In Vietnam, he served in an infantry company – Company B, 2nd Battalion, 327th Infantry Regiment, 101st Airborne Division.  On 8 December 1967, he was wounded in action.  This is viewed as sufficient evidence with which to award the CIB at this time and to add this badge to his DD Form 214.

	c.  The applicant's unit in Vietnam was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his tenure.  These foreign unit awards should be added to his DD Form 214.

3.  Army Regulation 600-8-22 states that all personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.  Regarding the remainder of the applicant's requested awards, there is insufficient evidence to support his request.

	a.  The applicant's records and the Vietnam casualty roster show one wounding incident on 8 December 1967.  The records do show he was shot at least twice in his right arm during that incident; however, the incident constitutes only one wounding and one award of the PH.

	b.  There are no orders in the applicant's records awarding him the BSM, AM, or Senior Parachutist Badge.  A search of ADCARS failed to discover any orders.  Without orders these awards must be denied.

4.  The applicant's DD Form 214 already shows he completed "ATP 21-114" [Basic Combat Training] and "Basic Airborne" training.  His records show he also completed Code of Conduct and CBR training.  These should be added to his DD Form 214; however, there is no evidence he completed Ranger training or the Jumpmaster Course and these courses should not be added to his DD Form 214.

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:

* awarding him the AGCM (1st Award) for the period 25 May 1965 to 24 May 1968
* awarding him the CIB
* adding to his DD Form 214 –

* AGCM (1st Award)
* CIB
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Code of Conduct and CBR training

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:

* PH with 1OLC
* BSM
* AM
* Senior Parachutist Badge
* Ranger training
* Jumpmaster Course



      ____________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)                                         AR20110005684



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ABCMR Record of Proceedings (cont)                                         AR20110005684



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