IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110016251 


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 award of the Air Medal, a Presidential Unit Citation, and all other awards he is entitled to for his service in the Republic of Vietnam.

2.  The applicant states he was a member of Company B, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division when the unit was awarded a Presidential Unit Citation and it was not entered on his DD Form 214.

3.  The applicant provides 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 was inducted into the Army of the United States on                  19 September 1966.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 5 October 1967 through 11 September 1968, where he was further assigned to Company B, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division.  On 12 February 1968, he was further assigned to the 9th Administration Company, 9th Infantry Division performing duties in MOS 76P (Stock Control and Accounting Specialist).  The highest rank/grade he attained during this period of service was sergeant (SGT)/E-5.  

3.  His record contains Special Orders Number 341, issued by Headquarters,      5th Infantry Division (Mechanized) and Fort Carson, dated 7 December 1966, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His record contains Special Orders Number 41, issued by Headquarters,      2nd Brigade, Fort Ord, dated 3 March 1967, which show he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  His record contains Special Orders Number 180, issued by Headquarters,      1st Brigade, Fort Ord, dated 8 September 1967, which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Air Medal and there are no orders in his official military records authorizing him award of this medal.

7.  Item 38 of his DA Form 20 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal.

8.  General Orders 2394, issued by Headquarters, 9th Infantry Division, dated   12 April 1968, which awards the applicant the Silver Star Medal for gallantry in action involving close combat against an armed hostile force in the Republic of Vietnam shows he was in combat performing infantry duties while assigned to Company B, 2nd Battalion, 60th Infantry Regiment.

9.  On 12 September 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  Item      24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Purple Hearts
* Silver Star Medal
* Army Commendation Medal

10.  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 Air Medal.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.

12.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or         60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  The same regulation states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.   Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive 
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

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.  This pamphlet shows that Company B, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division, the unit to which the applicant was assigned for the period 5 October 1967 through 11 February 1968, was cited for award of the:

* Valorous Unit Award for the period 1 through 3 February 1968 by Department of the Army General Order (DAGO) Number 42, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

14.  Army Regulation 600-8-22 states 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

15.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It established that 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 Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.

16.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

17.  Army Regulation 600-8-22 states 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.  
DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  The applicant served honorably during the period 19 September 1966 through 12 September 1968.  He served in the Republic of Vietnam, attained the rank/grade of SGT/E-5, and he received "excellent" conduct and efficiency ratings throughout his military service.  His file contains no information that would have disqualified him for the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

3.  Records show the applicant participated in four campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  The applicant's unit was awarded multiple unit awards during his period of assignment.  Therefore, his DD Form 214 should be corrected to show the:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  With respect to the Air Medal, there is no available evidence in the applicant’s record nor did he provide any evidence showing he was awarded the Air Medal.  Therefore, he is not entitled to award of the Air Medal.

6.  With respect to the Presidential Unit Citation, a Presidential Unit Citation was awarded to 2nd Battalion, 60th Infantry Regiment; however, the applicant was not assigned to the unit during the time of eligibility.  Therefore, he is not entitled to this award.

7.  The applicant was awarded the Silver Star Medal for gallantry in action on      2 February 1968, involving close combat against an armed hostile force in the Republic of Vietnam.  During this time the applicant was an infantryman assigned to an infantry unit engaged in ground combat.  The award of the Silver Star Medal and its accompanying citation more than satisfies the requirements for award of the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to show this badge. 

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 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 September 1966 through 12 September 1968; and

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

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar     (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge







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 showing award of the Air Medal and the Presidential 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)                                         AR20110016251



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ABCMR Record of Proceedings (cont)                                         AR20110016251



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