IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120005711 


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 following:

* Army Good Conduct Medal
* Combat Infantryman Badge
* Parachutist Badge
* Vietnam Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Parachutist Badge
* his Military Occupational Specialty (MOS) as "71H2P"

2.  The applicant states he served honorably for 2 years and 9 months.  During this period of service, he completed airborne training and he served in Vietnam from 1965 through 1966.  While serving in Vietnam, he completed 2 combat jumps in the II Corps area in 1965, and he volunteered on dozens of search and destroy missions with B Detachment, in the Nung Cap Nha Trang area on three day patrols.

3.  The applicant provides no additional evidence.



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.  His record shows he served in the Republic of Vietnam from 23 September 1965 to on or about 23 September 1966.  He was assigned to Headquarters and Headquarters Company, 5th Special Forces Group (Airborne), 1st Special Forces.

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

* item 28 (Specialized Training) - Basic Airborne, completed 7 August 1964
* item 41 (Awards and Decorations):

* Parachutist Badge
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)

4.  On 14 September 1966, the 5th Special Forces Group (Airborne), 1st Special Forces, issued General Orders Number 56, awarding him the Army Good Conduct Medal for the period 9 December 1963 to 10 December 1966.

5.  On 23 September 1966, he was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 9 months, and 15 days of active duty service.

6.  The DD Form 214 he was issued at the time shows he held MOS 71H2O (Personnel Specialist).

7.  His DD Form 214 shows he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  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 United States Army Human Resources Command, failed to reveal any orders pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) states:

   a.  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.  Qualifying service included assignment in Vietnam for 6 months or more.  
   
   b.  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.
   
	c.  Appendix B provides that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  His records indicate he participated in the following campaigns:
   
* Vietnam Advisory, 5 March 1962 - 7 March 1965
* Vietnam Defense, 8 March 1965 - 24 December 1965
* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966
* Vietnam Counteroffensive, Phase II, 1 July 1966 - 31 May 1967

	d.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

   e.  The Combat Infantryman Badge 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.  Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	f.  In regard to the award of foreign badges, that qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges that do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient.

10.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the following:

* Army Good Conduct Medal
* Combat Infantryman Badge
* Parachutist Badge
* Vietnam Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Parachutist Badge
* his Military Occupational Specialty (MOS) as "71H2P"

2.  General orders awarded him the Army Good Conduct Medal for the period 
9 December 1963 to 8 December 1966.

3.  Special orders awarded him the Parachutist Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14).
4.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation.

5.  He served a qualifying period of award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960).

6.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled four bronze service stars to be affixed Vietnam Service Medal.

7.  Based on the above his DD Form 214 should be corrected to show his MOS as 71H2P and these awards and badges.

8.  There is no available evidence confirming he held an infantry MOS and/or was assigned to an infantry unit that was actively engaged in ground combat with the enemy.  Accordingly, he is not entitled to the Combat Infantryman Badge.

9.  The Armed Forces Expeditionary Medal was awarded for service in the Republic of Vietnam from 1 July 1958 to 3 July 1965.  This period is before the date on which the applicant was assigned.  Additionally, this regulation states the Vietnam Service Medal and the Armed Forces Expeditionary Medal may not be awarded for the same period of service.  He is not authorized this award.

10.  There is no evidence in his record that shows he was awarded the Vietnam Parachutist Badge by an appropriate authority or a commander charged with the custody of military personnel record files for acceptance, retention, and permanent wear.  Absent such evidence, there is an insufficient basis for adding this badge 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:

	a.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
   
   b.  deleting the entry "71H2O" in item 25a (Specialty Number and Title) from his DD Form 214 and adding "71H2P."

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 Combat Infantryman Badge, Armed Forces Expeditionary Medal, and Vietnam Parachutist Badge.



      ___________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)                                         AR20120005711





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ABCMR Record of Proceedings (cont)                                         AR20120005711



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